PARMESHWAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) APPELLANT Parmeshwar has filed this appeal against the judgment of conviction and order of sentence dated 15-2-2002 passed by the V Addl. Sessions Judge, Raipur, in Sessions Trial No. 301/2001 whereby he has been convicted u/s. 302, IPC and sentenced to undergo R. I. for life.

(2.) THE brief facts are that the deceased namely Kewra Bai was wife of the appellant. She was residing with the appellant in a rented premises in Urla Basti. Her mother, bhukhan Bai (P. W. 10) was also residing in a nearby house. On the fateful day i. e. 4-7-2001 at about 5 p. m. Bhukhan Bai was sitting along with her daughter Kewra Bai in front of the house of Kewra Bai. When the accused appellant came there, Kewra Bai had some hot exchanges with the accused saying that how they will maintain themselves when he will not work. Thereafter, a quarrel took place between the husband and wife and during the course of quarrel, the accused/appellant took out a knife from the back of his full-pant, caught the tuft of the hair of the deceased and gave repeated knife blows to her vital parts. A neighbour sadhelal Satnami (P. W. 2) tried to intervene, on which, the accused/appellant said that "i will do with my wife whatever I like, who are you to say?" Seeing the above attitude of the appellant, Bhukhan Bai immediately rushed to call Kotwar Fattechand (P. W. 14)but by the time they could return back, the deceased had succumbed to the injuries and the appellant had already left the scene of occurrence. They saw multiple injuries on the person of the deceased. An information was telephonically given to Police Station, urla, which was reduced into writing vide rosnamcha Sanha No. 128. On receiving such information, Sub-Inspector R. B. S. Parihar (P. W. 18) immediately left for the scene of occurrence along with Head-Constable A. R. Sahu (P. W. 9 ). They met Bhukhan bai and recorded Dehati Nalishi, Ex. P. 11. Merg intimation was also recorded on the instance of Bhukhan Bai vide Ex. P. 14. After giving notices (Ex. P3) to Panchas, inquest on the body of the deceased was prepared under Ex. P. 4 and the dead body of the deceased was sent for post-mortem examination under Ex. P. 15. Dr. Sanjay Kumar Dadu (P. W. 8) conducted the post-mortem examination and noticed the following external injuries : 1) Incised wound on the anterior aspect of left side of neck, size 10 x 3. 0 cm; 2) Incised wound on the anterior aspect of right size of neck, size 4 x 2. 0 cm; 3) Incised wound on the anterior aspect of neck at middle, size 8 x 1. 0 x 1. 0 cm. transversely placed, muscle deep; 4) Incised wound on the anterior aspect of right side of neck, size 7 x 3. 0 x 1. 0 cm. obliquely placed, muscle deep; 5) Incised wound present just right to middle over chin, size 3. 5 x 0. 5 cm. ; 6) Incised wound on right lateral aspect of neck and just posterior to mastoid, size 9 x 4 x 1. 0 cm. ; 7) Incised wound on the posterior of right side of neck, size 4 x 3 x 1. 0 cm. ; 8) Incised wound on the posterior aspect of left side of neck, size 6 x 3 x 1. 0 cm. ; 9) Incised wound present on left side of neck, size 6 x 2 x 1. 0 cm. ; 10) Superficial incised wound on right side of face just below ear lobule, size 7 x 1. 0 cm. ; 11) Linear abrasions one over uppertip right, another below right molar eminence and third over left cheek, size 3. 5 x 0. 1 cm transversely placed, 2. 5 x 0. 1 cm vertically placed and 1 x 0. 1 cm vertically placed, respectively; 12) Superficial incised wounds on right supraorbital margin lateral end, size 4 x 1. 0 cm. and another on bridge on nose, size 1 x 0. 3 cm; 13) Abrasion on lateral end of left supra-orbital region, size 2 x 1. 0 cm. 14) Superficial incised wounds just below suprasternal notch, right side of chest one below the other size 2. 5 x 0. 2 cm. transversally placed and 2 x 0. 2 cm transversally placed, respectively; 15) Incised wound on right side of chest, size 1 x 1. 0 cm. obliquely placed, muscle deep; 16) Incised wound on right side of chest, size 3 x 0. 3 cm transversally placed, muscle deep; 17) Superficial incised wound just below clavicle bone, size 1. 5 x 0. 3 cm; 18) Superficial incised wound below su-prasternal notch just right to middle, size 3 x 0. 2 cm; 19) Superficial incised wound on left side of chest below suprasternal, size 7 x 1. 5 c. m. ; 20) Superficial wounds present just lateral to injury No. 19, size 1. 5 x 0. 3 cm; 21) Superficial incised wound on the anterior aspect of left side of arm at middle, size 3. 5 x 0. 3 cm; 22) Incised wound on the anterior aspect of left forearm size 6 x 1. 0 cm vertically placed, muscle deep; 23) Incised wounds on the right lateral aspect of chest, size 14 x 5. 0 cm; 24) Stab incised wound on the right lateral aspect of chest, size 2 x 1. 0 cm; 25) Linear abrasion size 7 x 0. 1 cm vertical from anterior end of injury No. 23; 26) Multiple linear abrasions present just anterior to injury No. 24; 27) Superficial incised wound on the anterior aspect of abdomen, size 2 x 0. 2 cm; 28) Stab incised wound on the anterior aspect of abdomen size 7 x 2. 0 cm; 29) Superficial incised wound on the anterior aspect of abdomen, size 4 x 1. 0 cm; 30) Superficial incised wound just above lateral end of injury No. 29, size 6 x 0. 2 cm; 31) Superficial incised wounds two in number in same place 10. 0 cm below xiphis-ternum, one 1. 0 cm and another 3. 0 cm on left lateral to midline, size 1 x 0. 1 cm and 1. 2 x 0. 2 cm; respectively; 32) Two stab incised wounds in same place 10. 0 cm below xiphisternum, on 4. 0 cm and 6. 0 cm on left lateral to midline, size 1. 2 x 0. 3 cm on 2. 2 x 1. 0 cm; 33) Stab incised wound 11. 5 cm below xiphisternum and 2. 5 cm on left lateral to midline, size 2 x 0. 2 cm; 34) Stab incised wound 12. 0 cm below xiphisternum and just left to midline, size 3 x 0. 3 cm; 35) Incised wound on the posterior aspect of right shoulder, size 3. 5 x 1. 5 cm transversally placed, muscle deep; 36) Incised wound on right of arm, size 5 x 1. 5 cm transversally placed, muscle deep; 37) Superficial incised wounds one on left side of palm, size 2. 5 x 0. 1 cm; another on palmer aspect of left thumb, size 1. 5 x 0. 3 cm and other on middle phalanx of little finger, size 1 x 0. 5 cm; 38) Incised wounds on the left hand palmer aspect of middle finger, middle and proximal phalanx, size 3 x 1. 0 cm; another at left of palm and ring finger, size 2 x 1. 0 cm; 39) Incised wound on the left hand index finger; 40) Superficial incised wound on the right hand palmer aspect middle fingerand middle phalanx size 3 x 0. 3 cm; 41) Superficial incised wound on the anterior aspect of right knee, size 6. 5 x 3 cm and 42) Abrasion on the posterior aspect of left elbow, size 3 x 1. 0 cm. On internal examination, he found that there was clotting of blood in the skull below the skin; there was cut injury of about 1 cm in the lower portion of the right lung; about 100 cc blood was stored in right plural cavity, left lung was congested, trachea was cut at the place of C-4 bone; there were many incised wounds over the intestinal membrane; Oesophagus was cut at the place of C-4 bone, incised wound was there on the stomach; the lower blood vessel to the stomach was also cut; there were marks of many incised injuries on the small intestine and about 200 cc cream coloured substance was found in the stomach. The autopsy surgeon opined that the cause of death was shock and heamorrhage as a result of injuries over the neck; the injuries were caused by hard and sharp object and the death was homicidal in nature. He prepared his report, ex. P8. In further investigation, when Head constable A. R. Sahu (P. W. 9) and Sub-Inspector R. B. S. Parihar (P. W. 18) reached to kumhari Police Chowki, they met the accused there. The accused was accompanied by Punit Das (P. W. 11), Kotwar of village kapsda and Satrughanlal (P. W. 2) a resident of that village. These persons had gone to hand over the accused to Police Chowki kumhari on the instructions of maternal uncle of the accused namely Ayodhya Prasad (P. W. 1), before whom the accused/ appellant had made an extra-judicial confession in village Kapsda just after the incident. The head Constable seized the blood stained knife, half shirt and full-pant of the deceased by preparing seizure memo, Ex. P. 1. The seized articles were sent for their chemical examination to the Forensic Science laboratory, Raipur, vide Memo Ex. P-20 and P-21 and the F. S. L. report Ex. P. 22 was received. According to the F. S. L. report, blood stains were found on the full pant, shirt and the knife which were seized from the possession of the accused. In further investigation, the statements of various witnesses, including two eye-witnesses, namely Bhukhan Bai (P. W. 10) and Sadhelal Satnami (P. W. 12) and the witnesses of extra-judicial confession namely Ayodhya Prasad (P. W. 1), Kotwar punit Das (P. W. 11) and Satrughanlal (P. W. 2), were recorded.

(3.) AFTER completion of investigation, the charge-sheet was filed in the Court of judicial Magistrate, First Class, Raipur, who in turn committed the case to the Sessions judge, Raipur, from where, it was received on transfer by 5th Addl. Sessions Judge, raipur, who, after conducting the trial, convicted and sentenced the accused/appellant, as aforementioned;