TEEJ RAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 2.2.2017 passed by the Additional Judge to the Court of Additional Sessions Judge, Katghora, Distt. Korba (CG) in ST No.02/2006 convicting the appellant under Section 302 of IPC and sentencing him to undergo imprisonment for life and pay a fine of Rs. 5000/- with default stipulation.

(2.) In the present case, name of the deceased is Kendobai who died in the night intervening 1/2-9-2005. As per prosecution case, the accused/appellant Teejram was having intention to grab the agricultural land of the deceased who was residing in the village along with her mother-in-law and two married daughters. It is said that after threat being extended by the appellant to two daughters of the deceased namely Sunita and Meenabai, they left her house and went back to their in-laws' house. In the village the deceased was residing along with her mother-in-law Sadhobai. It is said that on 1.9.2005 the deceased and her mother-in-law went to the house of one Khairwar, however, in the night deceased alone returned to her house whereas Sadhobai stayed in the night at the house of Khairwar. On the next morning when Sadhobai returned to her house, she found dead body of the deceased lying in her room. She immediately returned to Khairwar and narrated the entire incident to him. At the instance of Khairwar, merg intimation Ex.P/15 was recorded on 3.9.2005 at 7.05 am. Inquest on the dead body was conducted on 3.9.2005 vide Ex.P/17 and thereafter, the dead body was sent for postmortem which was conducted on the same day vide Ex.P/12 by PW-8 Dr. KB Sonkar.

(3.) So as to hold the accused/appellant guilty, the prosecution examined 09 witnesses in all. Statement of the accused was also recorded under Section 313 of Cr.P.C. in which he denied the circumstances appearing against him in the prosecution case, pleaded innocence and false implication.