JASVIR SINGH KHATRI @ GOLU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) These appeals have been preferred by the appellants under Section 374 (2) of the Code of Criminal Procedure, 1973, against the common judgment dated 07.03.2013 passed by the learned 2 nd Additional Sessions Judge, Ambikapur, Dist. Surguja (C.G.) in Sessions Trial No.433/2011 whereby they have been convicted and sentenced as under: Conviction Sentence Under Section 302/34 of the Life imprisonment and fine Indian Penal Code (for short 'the amount of Rs.500/- and, in IPC') default of payment of fine amount, further Rigorous Imprisonment for 15 days each. Under Section 201/34 IPC Rigorous imprisonment for five years with fine of Rs.500/- and, in default of payment of fine amount, further RI for 15 days each. Sentences have been directed to run concurrently.

(2.) Since both these appeals arise out of the common judgment, therefore, they are being decided by this common judgment.

(3.) Briefly stated, the case of prosecution is that on 06.08.2011, the appellants Smt. Sujata Jaiswal and Jasvir Singh Khatri as also one Shashi Sawra have killed the deceased Umeshchandra (husband of appellant Smt. Sujata Jaiswal), when he was sleeping at day time in house. At the relevant time, the appellant Jasvir Singh had thrown over him the grinding stone forcibly on the back side of his head and also given a blow by spade on his head. After killing him, they hidden the dead body in a plastic drum and in the night the appellants took the dead body near the High School and disposed of the same in the pit. It is alleged by the prosecution that during course of training in computer education, both deceased's wife Smt. Sujata Jaiswal and appellant Jasvir Singh were in love affair with each other, which led to the commission of alleged crime.