THUNKI BAI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard.

(2.) The appellants would challenge their conviction under Section 302/34 of IPC for committing murder of deceased Sukhdev Uraon during the period from 4:00 p.m. of 5.4.2010 to 6:00 am of 6.4.2010.

(3.) Deceased Sukhdev Uraon was the husband of appellant Smt. Thunki Bai. The deceased was suspecting that his wife appellant Smt. Thunki Bai has illicit relations with the other appellant Sahdev Bhagat and for this reason, deceased Sukhdev and appellant Sahdev had an altercation about 20-25 days back prior to the date of the incident. On the date of the incident, at about 5:00 pm, appellant Thunki Bai and deceased Sukhdev had gone towards their tomato field. However, the deceased did not return as he was supposed to guard the agricultural field during the night hours. On the next morning, the dead body of deceased Sukhdev was found by his son Ramesh (PW-3) in the agricultural field of one Japan Uraon. Ramesh lodged merg intimation-Ex.P/2 at 10:30 am, after which, the dead body was sent for autopsy, which was conducted by PW-2 Dr. Rajesh Bhajgawali, who opined vide his report-Ex.P/1 that the cause of death was cardio respiratory arrest due to seminal loss; nature of death seemed homicidal and; duration of death was 12-24 hours. During investigation, the investigating officer recorded the case diary statements of the witnesses where-from it was gathered that appellant Smt. Thunki Bai has illicit relations with appellant Sahdev, therefore, both of them have shared common intention to eliminate the deceased.