LOKESH KUMAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and order of sentence dated 30. 11. 2002 passed by the Additional Sessions Judge, baled, Distt. Durg in Sessions Trial No. 249/ 2001 whereby learned Additional Sessions judge after holding the accused/appellant guilty for commission of offence under Section 302 of the IPC, sentenced him to undergo imprisonment for life and pay a fine of Rs. 1,000 in default of payment of fine to further undergo R. I. for three months, for committing the murder of his wife namely, sonkunwar. However, learned Additional sessions Judge acquitted the accused of offence under Section 201 of the IPC.

(2.) CASE of the prosecution, in brief, is that sonkunwar (since deceased) was married to the accused /appellant on 6. 5,2001. The accused married the deceased on the condition that he will remain with his wife at in-law's house. After marriage, on 7. 5. 2001, sonkunwar was taken to Joratarai from where on 11. 5. 2001, the accused took her to his village Sorar. In between, in a jovial manner, Sonkunwar asked the accused as lamsend which was not liked by the accused and on that count only on 12. 5. 2001, when the. accused left the house of his friend Rohit sahu at village Sohtara and while returning to Joratarai, on the way, at about 7. 45 p. m. he committed the murder of sonkunwar by attacking with a knife. Knife, the weapon of offence, and anklet were concealed under the Beshram bush. Thereafter, the accused self-inflicted injury with stone in order to show that he has been attacked. The accused was taken to Dhamtari hospital. On coming to know about the dead body of Sonkunwar, Pusauram (PW1) gave merg intimation Ex. P1 to Police Station balod and based on that, first information report Ex. P19 was registered. The Investigating Officer left for the scene of occurrence and prepared inquest Ex. P2 on the body of sonkunwar. He prepared site plan Ex. P4. He seized eight broken pieces of bangles, blood-stained soil and plain soil from the place of occurrence, one pair of plastic Chappal, one golden ear ring and one cycle under ex. P3. Panchnama (Ex. P5) of the bicycle was prepared. Body of Sonkunwar was sent for post-mortem examination to Primary health Centre, Balod where Dr. B. L. Ratre and Dr. G. D. Bahel (PW5) conducted postmortem and opined that cause of death was syncope as a result of cardiac arrest due to excessive haemorrhage due to injury to left carotid artery and death was homicidal in nature. They prepared post-mortem report ex. P6. While in police custody, the accused gave memorandum Ex. P13 and in pursuance of that, blood-stained knife, weapon of offence and blood-stained silver anklet were seized under Ex. P 14 from Beshram bush. One blood-stained stone was also seized from the place of occurrence under Ex. Pl4. Seized articles were sent to Forensic Science Laboratory, Raipur under Ex. P23 and reports Exs. P24 and 25 were received from there.

(3.) AFTER completion of investigation charge-sheet was filed in the Court of Judicial Magistrate, Balod who in turn committed the case to the Sessions Judge, D. urg, from where learned Additional Sessions judge, Balod, received the case on transfer for trial.