SANAT KUMAR SATANAMI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal is filed against the judgment of conviction and order of sentence dated 23.2.2012 passed by the learned Sessions Judge, Raipur in S.T. No.241/2009 whereby the trial Judge has convicted the appellant under Sections 302, 302, 323, 326 & 326 of the Indian Penal Code (for short 'the IPC') and sentenced him to undergo RI for life with fine of Rs. 1000/-; RI for life with fine of Rs. 1000/-; RI for 1 year with fine of Rs. 500/-; RI for 5 years with fine of Rs. 500/- & RI for 5 years with fine of Rs. 500/-, plus default stipulations, respectively.

(2.) In the present case name of deceased are Aghandas & Shantibai, in-laws of the accused.

(3.) As per prosecution case, deceased Aghan Das along with his wife and three children was residing in a servant quarter situated in the agricultural field. Munni (PW-2), daughter of Aghan Das, was married to the accused/ appellant about two months prior to the incident and after some time of the marriage, the accused/appellant started residing with both the deceased. As the accused/appellant was unemployed and not doing any work, deceased Aghan Das used to ask him to do some work and earn livelihood, which was not liked by the accused and therefore in the night intervening 19th & 20th August, 1995 he committed murder of his in-laws i.e. Aghan Das & Shantibai, by causing several pickaxe injuries to them. Seeing the assaults on the parents, Mohardas (PW-1), Munnibai (PW-2), Mohandas (PW-3), who were sleeping in the house, objected whereupon they were also assaulted by accused/appellant with pickaxe as a result of which they also suffered injuries. Dehati Nalishi (Ex.P-1) was recorded on 20.8.1995 at 7.30 a.m. at the instance of Mohardas (PW-1). Immediately thereafter Dehati Merg (Ex.P-16 & Ex.P-7) were recorded. At the instance of PW-1, FIR (Ex.P-11) was registered against the accused/appellant under Sections 302, 307 of IPC. Inquest over dead body of both the deceased was conducted vide Ex.P-4 & Ex.P-5. On receipt of requisition from the police, Dr. D.C. Jain conducted autopsy over dead body of both the deceased and issued post-mortem report of Ex.P-21 & Ex.P-22 respectively. He noticed following injuries on the body of deceased Aghandas;-