ASHOK KUMAR SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) On Board By Justice Pritinker Diwaker 23092017 As these four appeals arise out of the common judgment of conviction and order of sentence dated 19.7.2011 passed by the Additional Sessions Judge, Bemetara, Distt. Durg in ST No.042011, they are being disposed of by this common judgment. By the said judgment, the accusedappellants Ashok, Sarswati and Smt. Dukal Bai have been convicted under Sections 30234, 120B34, 20134 and 31834 of IPC and sentenced to undergo imprisonment for life, fine of Rs.500-; imprisonment for life, fine of Rs.500-; RI for five years, fine of Rs.300- and RI for one year with default stipulations respectively whereas accusedappellant Lakhan Yadav has been convicted under Sections 20134 and 31834 of IPC and sentenced to undergo RI for five years, fine of Rs.300- and RI for one year with default stipulation respectively.

(2.) Accused No.4 Lakhan Yadav and accused No.1 Dukalbai are husband and wife whereas accused No.2 Sarswatibai is their daughter with whom accused No.3 Ashok was having illicit relation. According to the prosecution case, on account of this illicit relation accusedappellant Sarswati became pregnant and about 16 days prior to 28.9.2010 she had delivered a male child and as accusedappellant Ashok was not accepting the child to be his own, a village panchayat was called where complaint made by accusedappellant Sarswati was said to have been discussed. In the said meeting it was confessed by the accused persons that they in conspiracy with each other killed the newly born baby by strangulation and buried him. The village meeting was conducted on 27.9.2010 and minutes of the same were recorded vide Ex.P2. FIR (Ex.P1) was lodged on 28.9.2010 at 1.30 pm by PW- 1 Sahebram Sahu, panch of the village, against the accused persons under Sections 302, 201, 318, 34 of IPC and immediately thereafter merg Ex.P3 was recorded. On 28.9.2010 memorandum of accusedappellant Lakhan Yadav was recorded at 3.50 pm vide Ex.P15 wherein he has stated that he was informed by his wife accused Dukalbai that out of illicit relation of their daughter accused Sarswati with accused Ashok, Sarswati delivered a child who has been killed by her and she made a request to him for burying the dead body. In his memorandum it has been further stated that the dead child was lifted and after digging a pit the body was buried by him. Based on the said memorandum, dead body was of child was recovered and spot panchanama was prepared vide Ex.P16. Inquest over the dead body was conducted on 28.9.2010 vide Ex.P5 and thereafter postmortem was conducted on the dead body on 30.9.2010 by PW-12 Dr. Shivnarayan Manjhi vide Ex.P22 who noticed that it was a male child, body was in the state of decomposition, umbilical cord was decomposed, there was reddishness (ecchyomosis) over left cheek and a wound over occipital region. In his opinion, the cause of death was smothering, the injuries sustained by the deceased were caused by hard and blunt object and the death was homicidal in nature. Accusedappellant Sarswatibai was also medically examined vide Ex.P23 by PW-16 Dr. Kalpana Sharma and in her opinion, Sarswatibai had delivered a child 3-4 weeks ago. After filing of charge sheet, the trial Court framed charges under Sections 30234, 31834, 20134 and 120B34 of IPC.

(3.) So as to hold the accused persons guilty, the prosecution examined 18 witnesses in all. Statements of the accused were also recorded under Section 313 of Cr.P.C. in which they denied the circumstances appearing against them in the prosecution case, pleaded innocence and false implication.