RAJU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Shri R.R.Sinha, Shri Ashok Patil, Smt. Sudha Agrawal and Shri N.K.Chatterjee, Advocates have been engaged by the appellant, but despite repeated calls, none appeared on all dates of the week, therefore, Shri Manoj Mishra, Advocate present in the Court is appointed as amicus curiae to argue the matter on behalf of the appellant.

(2.) This appeal is preferred under Section 374 (2) of the Code of Criminal Procedure, 1973 against the judgment dated 31.10.2008, passed in S.T.No.83/2008 by the 8thAdditional Sessions Judge(FTC), Bilaspur, District Bilaspur (CG) for commission of the offence under Sections 460 and 304 Part II of the IPC and sentenced to undergo R.I. for 10 years on each count and fine of Rs.200/- with default stipulation.

(3.) As per prosecution case, the appellant is grand-son of the deceased Mantora Bai who was residing at village Mohda. On 4.5.2008 in night at about 9.30 pm, the appellant entered into the house of Mantora Bai with an intention of theft, but during that period Mantora Bai was awakening and shouted for help for her defence. Then the appellant covered her mouth and strangulated her neck as a result of that Mantora Bai died. The matter was reported and the appellant was charge sheeted. After completion of trial, the trial Court has convicted and sentenced the appellant as aforementioned.