LAWS(CHH)-2017-8-145

RAJ KUMAR Vs. STATE OF CHHATTISGARH

Decided On August 28, 2017
RAJ KUMAR Appellant
V/S
STATE OF CHHATTISGARH Respondents

JUDGEMENT

(1.) This appeal has been filed against the judgment of conviction and order of sentence dated 31.12.2009 passed by the 4 th Additional Sessions Judge (FTC), Raipur in S.T. No.193/08 whereby the accused/appellant has been convicted under Sections 302 and 201 of the Indian Penal Code (for short 'the IPC') and sentenced to undergo R.I. for life imprisonment and fine of Rs.2,000/- and R.I. for 1 years, with usual default clauses, respectively.

(2.) In the present case name of deceased is Kelabai, wife of accused/appellant.

(3.) As per case of the prosecution, on 6.9.2008 accused/appellant demanded silver anklet of the deceased from her as he was in need of money to repay some loan. On refusal by the deceased, some quarrel took place between them and in that process he gave two slaps to her. It is further case of the prosecution that in the morning of 7.9.2008 the accused/appellant had gone to his workplace and the deceased had also gone to the field. In the evening when the appellant returned home, he did not find his wife at home and upon enquiry his daughter informed that the deceased had gone to the field. While the deceased was going to the field in search of deceased, he met her on the way and there some altercation took place between them and in that process, the accused/appellant committed her murder by tying her saree around her neck tightly. It is further case of the prosecution that the accused/ appellant after committing murder of the deceased, threw her body in a nearby field after removing her silver anklet and other ornaments. Thereafter, the accused/appellant returned village and informed the villagers that the deceased is missing and they, therefore, proceeded in search of the deceased and found her dead body lying in the nearby field. Merg Intimation (Ex.P-15) was recorded at the instance of accused/appellant. Inquest on the body of deceased was made vide Ex.P-9. Dead body was sent for post-mortem which was conducted by Dr. N.K. Lakda (PW-13) vide Ex.P-1 and he opined that cause of death was asphyxia due to strangulation and the death was homicidal in nature. Dehati Nalishi (Ex.P-19) was recorded against unknown persons. Based on merg enquiry, FIR (Ex.P-1) under Sections 302 and 397 IPC was registered against unknown person. On the basis of suspicion, the accused/appellant was arrested and when interrogated by the police, he made disclosure statement (Ex.P-4) of having committed murder of the deceased and got recovered silver anklet of deceased vide Ex.P-4. Tilakram (PW-16) has identified the silver anklet to be that of his sister deceased Leela Bai. Statements of witnesses under Section 161 CrPC.