BHOLA @ KRISHNA KANWAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 15.03.2005 passed by the 4th Additional Sessions Judge (FTC), Raigarh, in S.T. No.104/2004 convicting the accused/appellant under Sections 302, 201 of IPC and sentencing him to undergo imprisonment for life with fine of Rs.100/- and R.I. for seven years with fine of Rs.100/- plus default stipulation respectively.

(2.) As per the prosecution case, the accused/appellant was a rickshaw puller, having live-in-relation with deceased Shobha @ Sharda and he was residing as tenant in the house of one Puni Ram (PW/3). On 16.10.2002, merg intimation (Ex.P/1) was lodged by Puni Ram (PW/3) mentioning therein that the house in question was given to the appellant on rent wherein he was residing along with the deceased. Though there was lock in the house of the accused/appellant but flies were humming around the house and foul smell was also coming. When Rusi Das (PW/4) peeped from the door, one dead body was noticed, thereafter, on 17.10.2002, inquest on the body of deceased was conducted vide Ex.P/3 and body was sent for postmortem examination which was conducted by Dr. S. Lakra (PW/13) and gave his report Ex.P/17 noticing following injuries/symptoms:-

(3.) Viscera was sent for chemical examination and as per unexhibited FSL report, no poisonous substance was found therein. On 17.04.2004 i.e. after about one year and six months, the accused/appellant was arrested and his memorandum (Ex.P/14) was recorded, based on which, iron key was seized vide Ex.P/13 and it is said that the said key was of the lock found on the door of the appellant. After filing of charge sheet, the trial Court framed charge under Sections 302 and 201 of IPC against the appellant.