RADHESHYAM KASHYAP ALIAS RADHE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Appellant has been sentenced to life imprisonment on being convicted under Section 302 IPC for committing murder of deceased Manas Bai, wife of PW-1 Jagdish Kashyap.

(2.) The prosecution case, briefly stated, is that there was some dispute pertaining to partition of ancestral land between Jagdish Kashyap and his elder brother, the present appellant Radheshyam. It is also said that the oxen belonging to the deceased had soiled the cooked food in the appellant's house, on which there was quarrel between the appellant's wife and the deceased, therefore, the appellant went to the agricultural field between 9 am to 12 noon on 29.10.2003 and murdered the deceased by strangulation in the nearby agricultural field belonging to PW-6 Dauram. The merg intimation was lodged by the appellant himself at about 3 pm on the date of incident. FIR against unknown persons was also registered after merg enquiry. Before this, FIR was registered at 11:40 hours on 06.11.2003. In the absence of any clue as to who has committed the murder, the Police interrogated the appellant, PW-1 Jagdish Kashyap, husband of the deceased, and PW-6 Dauram. The appellant allegedly made extra judicial confession in presence of the villagers on 10.03.2004. The appellant also informed the Investigating Officer regarding concealment of golden ear ring of the deceased, near the agricultural field of PW-6 Dauram. Based on his memorandum statement (Ex-P-7), the golden ear ring was recovered vide Ex-P-8 on 10.03.2004.

(3.) After completing the investigation, the charge sheet was filed against the appellant on 07.04.2004.