STATE OF CHHATTISGARH Vs. SHIVDAYAL

JUDGEMENT

(1.) This acquittal appeal is preferred against the judgment dated 3.8.2007 passed by the Additional Sessions Judge, Katghora, Sessions Division Korba (CG) (for short the 'trial Court') in Sessions Trial No. 100/2006 wherein the trial Court has acquitted the respondent for commission of murder of one lady namely- Sukrima under Section 302 of the Indian Penal Code.

(2.) Facts of the case in brief are that deceased Sukrima and her sister Sushila alias Susri were residing in village Jawali and they were studying. The respondent committed forcible sexual intercourse with Sukrima and when she threatened the respondent that she will inform the incident to her parents, the respondent administered some poisonous substance to her which ultimately caused her death. The matter was reported to Police Station Bankimongra and after registration of First Information Report, Police swung into action and body of the deceased was sent for autopsy. Viscera of the deceased was sent for chemical examination and after examination it was found that she consumed poisonous substance which is a pesticide 'phosphamedan'. Statements of the witnesses were recorded under Section 161 Cr.P.C. and after completion of investigation, charge sheet was filed against the respondent. The respondent did not plead guilty, therefore, trial was conducted. After examination of the witnesses, statement of the respondent was recorded under Section 313 Cr.P.C. After hearing counsel for both the parties, the trial Court acquitted the respondent of the charge as aforementioned.

(3.) Learned counsel for the State submits as under: