RAJESH JUMNANI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 17.10.2012 passed by the learned Additional Sessions Judge, Raipur in S.T. No.275/11 convicting the accused/appellant under Sections 302 & 201 of the Indian Penal Code (for short 'the IPC') and sentencing him to undergo RI for life and fine of Rs. 5,000/- & RI for 3 years with fine of Rs. 500/-, with usual default clauses, respectively.

(2.) The prosecution case, in brief, is that accused/appellant is the owner of spice (garam masala) factory situated at Gudhiyari, Raipur and the deceased was working there as labourer. On the fateful day, when the deceased was all alone in the factory, the accused/appellant caught hold of her with the intention to commit sexual intercourse with her and when the said act of accused/appellant was opposed by her saying that she would disclose about it to everyone, he knocked her to the ground and strangulated her to death. After committing murder of deceased, the accused/appellant stood the deceased along the rack and connected it with live electricity wire of tullu pump in order to show that cause of death of the deceased was an accidental one i.e. due to electrocution. After doing all this, the accused/appellant rushed to Pramod Gupta (PW-6) and informed him that the deceased had become unconscious. Seeing the deceased standing with the support of rack, PW-6 went back to his factory, called two labourers namely Savita & Bala and when they touched the deceased, they also felt electric shock. When the main switch was turned off at the instance of accused/appellant, the deceased fell to the ground. The deceased was taken to a nearby doctor (PW-9) who declared her dead. At the instance of accused/appellant, the deceased to the Medical College Hospital, Raipur where also the doctors declared her brought dead. After receiving a memo (Ex.P-8) from the hospital regarding death of deceased, Merg Intimation (Ex.P-9) was recorded on 28.9.2011. Inquest (Ex.P-1) was prepared over the body of deceased on 29.9.2011. Post-mortem examination over the body of deceased was conducted by Dr. S.K. Bagh (PW-11) vide Ex.P-10 and he noticed one contusion on both side of neck in supra-clavicular region of 6x5cm in size at right side and 6.3x7cm at left side, obliquely vertical in direction, blackish red colour eechymosis was present, neck muscles were contused both side, muscle along the thyroid and trachea cartilages were contused massively, tracheal cartilages were loosen and depressed, superior horn of thyroid cartilage were broken and depressed, scalp show blackish red colour eechymosis on both side. As per opinion of the autopsy surgeon, death was due to asphyxia as a result of throttling, death was homicidal in nature and duration of death was within 24 hours prior to post-mortem examination. After merg inquiry, FIR (Ex.P-11) was registered on 29.9.2011 for the offence punishable under Section 302 of IPC against unknown. On 30.9.2011 accused/appellant herein was arrested and his memorandum was recorded vide Ex.P-5 and pursuant to disclosure statement made by accused/appellant, one pliers, two wires, one full jeans pant were seized vide seizure memo Ex.P-6.

(3.) After investigation, charge sheet against the accused persons was filed under Sections 302 & 201 of IPC and accordingly the charges were framed against him by the trial Court. The prosecution in order to bring home the charges levelled against the accused/appellant has examined 12 witnesses in all. Statement of accused/appellant was recorded under Section 313 of Cr.P.C. in which he abjured his guilt and pleaded innocence & false implication.