SHEO KUMAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment dated 9. 4. 2003 passed by the Additional Sessions judge, Balod, District Durg (C. G.) in sessions Trial No. 394/2001, where by the appellant has been convicted and sentenced in the following manner with a further direction to run the sentences concurrently: conviction. Sentence. u/s 302 IPC imprisonment for life and fine of Rs. 1,000/-, in fault of payment of fine to further undergo R. I. for 3 months. u/s 376 IPC r. I. for 10 years and fine of Rs. 1,000/-, in default of payment of fine to further undergo R. I. for 3 months. u/s 363 IPC r. I. for 5 years and fine of Rs. 1,000/-, in default of payment of fine to further undergo R. I. for 3 months. u/s 201 IPC r. I. for 5 years and fine of Rs. 1,000/-, in default of payment of fine to further undergo R. I. for 3 months.

(2.) THE facts, briefly stated, are as under:-On 23. 7. 2001, Musnu Ram Dhimar (PW-2) saw that the dead body of a minor girl, aged about 12 years, was lying in the bushes near his field. It was wearing blue skirt and white shirt (school dress ). The dead body could not be identified. Nagkesar (PW-1), baliram, village Kotwar (PW-3) and musnu Ram (PW-2) went to the police outpost and Merg intimation (Ex.-P/3)was lodged by Musnu Ram (PW-2 ). Dehati Nalishi was recorded under ex.-P/24. Investigating Officer reached to the scene of occurrence, gave notice (Ex.-P/1) to the Panchas and prepared inquest (Ex.-P/2) on the body of the deceased. The dead body of the deceased was sent for its post-mortem to P. H. C. Palari, where the post-mortem examination was conducted by a team of 2 doctors including Dr. R. K. Nayak (PW-16 ). They prepared their report Ex.-P/ 18. According to the post-mortem report, a ligature was found around the neck and there was a ligature mark beneath the thyroid. Blood was coming out of vagina and hymen was recently ruptured. The Autopsy surgeons opined that the cause of death was asphyxia resulting in respiratory arrest due to strangulation and it was homicidal in nature. Since nobody could identify the dead body, it was buried by the police. In fact, it was the dead body of chainbati, aged about 12 years, who was resident of village Shukladih and was missing from the village. Her father Jamruram (PW-14) and his other family members were searching the girl but they could not find her. Any how, they heard about a dead body recovered by the police in village Deokot which is a nearby village. They went to police station Gurur and saw the photograph of the unidentified girl recovered by the police. It was identified that the photograph was of Chainbati, daughter of Jamruram (PW-14 ). The body was exhumed. The father identified that it was the dead body of his daughter Chainbati. Again an inquest (Ex.-P/5) was prepared to this effect and the dead body was handed over to the family members. During the course of investigation, the appellant was arrested under Ex.-P/28 and was sent for his medical examination on 26. 7. 2001. Dr. R. K. Nayak (PW-16) examined the appellant and found some abrasions on his body. He gave his report Ex.-P/19. Many articles, including cloths of the appellant and the deceased, were seized during the course of investigation and were sent for their chemical examination to forensic Science Laboratory, Raipur, from where, a report (Ex.-P/31) was received. Blood stains were found on the cloths of the deceased as also slide and the pepal leaf which was seized from the place of occurrence. No blood stains or human spermatozoa were found on the cloths of the appellant and other articles. Though blood stained articles were sent for further investigation about origin and group, but no such report could be filed by the prosecution.

(3.) AFTER completion of usual investigation, the charge-sheet was filed in the Court judicial Magistrate, First Class, Balod, who in turn committed the matter to the concerned Sessions Court, from where, it was received on transfer by the Additional sessions Judge, Balod, who conducted the trial and convicted and sentenced the accused/ appellant as aforementioned.