FAGANURAM @ GOBHA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been filed against the judgment of conviction and order of sentence dated 21.12.2010 passed by Sessions Judge Rajnandgaon, in Sessions Trial No. 08/2010 convicting the accused/appellant under Section 302 IPC and sentencing him to undergo imprisonment for life and pay fine of Rs. 3,000/-, plus default stipulations.

(2.) Name of the deceased in the case in hand is Nainbati Bai - daughter of the accused/appellant. It is said that in the night of 5.11.2009 the deceased, despite being forbidden by her father (accused herein), went to participate in a folk dance (played with the help of wooden sticks) where her brother (PW-4) and sister (PW-8) were also present. At about 10-11 PM she left for home to collect her own play sticks but did not return thereafter. On dance programme being over, brother and sister of the deceased returned home and not finding the deceased on her bed they told her mother Ghasnin Bai (PW-12) and father (the accused herein) about her absence. However, the next day i.e. on 6.11.2009 body of the deceased with injuries caused by sharp edged weapon, was found in her backyard. FIR Ex. P-6 was lodged on that very day at 4.45 PM by village Patel Rai Singh (PW-2) against an unknown person for the offence punishable under Section 302 IPC. Immediatley thereafter merg Ex. P-7 was also recorded. After making inquest vide Ex. P-2 the dead-body was sent for postmortem examination which was conducted by Dr. Seema Thakur (PW-10) who gave her report Ex. P-17. On 10.11.2009 memorandum of accused/appellant Ex. P-8 was recorded based on which seizure of axe was made under Ex. P-9. In the memorandum the accused/appellant has confessed to have killed the deceased as she went out to participate in the folk dance in spite of his refusal. FSL report Ex. P-26 shows the presence of blood on the axe but no serological report to prove whether it is of the human origin that too of the blood group of the deceased, is on record. After investigation, charge-sheet was filed by the police under Section 302 IPC followed by framing of charge by the Court below accordingly.

(3.) In order to prove the complicity of the accused/appellant in the crime in question, the prosecution has examined 15 witnesses. Statement of the accused/appellant under Section 313 Cr.P.C. was also recorded in which he denied his guilt and pleaded innocence and false implication in the case.