PRAMOD @ GOLU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 19.10.2012 passed by the Additional Sessions Judge, Bemetara, Civil District Durg, in Sessions Trial No. 54/2011 convicting the accused/appellant under Section 302 of IPC and sentencing him to undergo imprisonment for life with fine of Rs. 1000/-, plus default stipulation.

(2.) As per the prosecution case, deceased Madhuri Sahu, aged about 18 years, was having affair with the accused/appellant for the last three years prior to the date of incident i.e. 07.05.2011. On 07.05.2011, when family members of accused/appellants had gone to attend some marriage, deceased Madhu Sahu came to the house of accused/appellant where they had some hot talk as deceased informed the accused/appellant that her marriage is going to be solemnized with someone else. It is alleged that feeling annoyed with the decision of the deceased, accused/appellant strangulated her. When deceased Madhuri Sahu did not return, in the night and in the morning also she was contacted on her telephone by Nand Kumar Sahu (PW/16), brother of the deceased, and the deceased informed him that she is with her friend at village Jhiria and would come at morning. When in the morning also the deceased did not return, Parmila Sahu (PW/15), mother of the deceased, had gone to the house of the accused/appellant and during search she found the body of deceased lying in the courtyard of the accused/appellant. At the instance of Ankalaha Ram Sahu (PW/14), father of the deceased, merg intimation (Ex.P/14) was recorded on 07.05.2011 followed by dehati nalisi (Ex.P/15) under Section 302 of IPC. Based on said dehati nalisi, FIR (Ex.P/18) was registered against the accused/appellant on 08.05.2011 under Section 302 of IPC. On 07.05.2011, inquest on the body of deceased was conducted vide Ex.P/ Body was sent for postmortem examination which was conducted on 08.05.2011 by Dr. Shashikant Swarnkar (PW/11) and Dr. T.N. Mahingleshwar (PW/12) who gave their report (Ex.P/12) noticing following injuries:-

(3.) In order to prove the complicity of accused/appellant in the crime in question, the prosecution has examined 20 witnesses. Statement of the accused under Section 313 Cr.P.C. was also recorded in which he denied his guilt and pleaded innocence and false implication in the case.