PRAMILA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Appellant Pramila stands convicted u/ss. 302 & 201/34 IPC and sentenced to undergo imprisonment for life & to pay fine of Rs.100/ - and R.I. for 2 years & to pay fine of Rs.100/ - respectively with default sentence of 1 month, with a further direction to run the sentences concurrently, by the First Additional Sessions Judge (F.T.C.), Ramanujganj, District Sarguja (C.G.) on 31st of August, 2006.

(2.) The facts, briefly stated, are as under- Deceased Ramlal was the father of the appellant. Co-accused Norashiya Bai is the wife of the deceased. Co-accused Jawahar is the husband of appellant Pramila and co- accused Ramnath Gond is brother of Norashiya Bai and brother-in-law (Shala) of deceased Ramlal. The allegations are that prior to 23.11.2005, the accused persons namely Pramila (present appellant), Jawahar and Norashiya Bai committed murder of deceased Ramlal and took the dead body to a distance place in Saharapani forest and buried the same with the assistance of co- accused Ramnath Gond for causing disappearance of the evidence of murder. On 23.11.2005, Rajaram and Dubraj saw some portion of the dead body buried in the sand. They immediately went to other villagers and narrated the story and thereafter a Merg intimation (Ex.-P/1) and a First Information Report (Ex.-P/2) were registered. The Investigating Officer reached to the scene of occurrence, gave notice (Ex.-P/3) to the Panchas and prepared inquest (Ex.-P/4) on the body of the deceased. Some pieces of stones, plain sand and blood stained sand were seized from the place of occurrence under Ex.-P/5. After taking the accused persons into custody, their memorandum statements (Ex.-P/8 & P/9) u/s 27 of the Evidence Act were recorded and 2 pieces of bamboo sticks were seized at the instance of accused Jawahar under Ex.-P/6 and a bronze tumbler was seized at the instance of accused/appellant Pramila under Ex.-P/7. The dead body of the deceased was sent for its post-mortem to Govt. Hospital, Ramanujganj, where the post-mortem examination was conducted by Dr. S.K. Snha (PW-7), who prepared his report Ex.-P/15. He noticed 3 external injuries on the skull of the deceased. One was on the right fronto-temporal region, another was on the left temporal-occipital region and the third one was on right temporal occipital region. On internal examination, he found corresponding fractures on right fronto-temporal bone, left temporal- occipital bone and right temporal- occipital bone. The Autopsy Surgeon opined that the cause of death was shock due to internal haemorrhage & injury to the brain and it was homicidal in nature. The prosecution came with a case that the deceased died homicidal death in his house on account of injuries caused on his head by the aforesaid tumbler and it was done in furtherance of common intention of accused Jawahar, Pramila and Norashiya Bai. After the death, the dead body of the deceased was taken to the forest area and it was buried in the sand in which accused Ramnath Gond also assisted the other accused persons.

(3.) The Learned Sessions Judge came to the conclusion that the appellant alone participated in commission of murder of deceased, whereas, other accused persons Jawahar and Smt. Norashiya Bai participated in causing disappearance of the dead body. Therefore, the appellant was convicted and sentenced as aforementioned and the other two co-accused persons were convicted under Section 201/34 of the IPC and sentenced to undergo R.I. for 2 years with fine sentences and the last accused Ramnath Gond was acquitted of the charges framed against him.