RAKESH KUMAR PANDEY Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By this appeal, the appellant has challenged the legality and propriety of the judgment of conviction and order of sentence dated 19.8.2004 passed by the Forth Additional Sessions Judge (F.T.C.), Ambikapur, in Sessions Trial No.413/2003 whereby & whereunder learned Forth Additional Sessions Judge after holding the appellant guilty for the offence punishable under Sections 364/34, 365/34, 302/34 and 201/34 of the Indian Penal Code sentenced him to undergo rigorous imprisonment for 10 years and to pay a fine of Rs.500/-, rigorous imprisonment for 5 years and to pay a fine of Rs. 500/-, imprisonment for life and to pay a fine of Rs. 500/- and rigorous imprisonment for 5 years and to pay a fine of Rs. 500/- in default of payment of fine to further undergo rigorous imprisonment for 3 months on each count.

(2.) Judgment & order are challenged on the ground that without there being any clinching and credible evidence, the Court below has convicted and sentenced the appellant as aforementioned and thereby committed illegality.

(3.) Case of the prosecution in brief is that Shatambi (PW-2) was pregnant and gave birth to female child on 13.10.2003. The appellant was having illicit relation with Shatambi and as a result of such relation, she conceived and gave birth. After birth of the child, on 14.10.2003 at about 11-12 at night, the appellant took the child from Shatambi and after throttling, committed murder of the child and with intent to conceal the birth and the evidence of criminal case, he thrown dead body inside the well. The appellant was taken into custody. He has made disclosure statement vide Ex. P/13. On the basis of disclosure statement, dead body of the child was taken out from well vide Ex.P/3. Dead body was tied with Stone of 2 1/2 kg. Dehati Nalishi was recorded vide Ex. P/22. On the basis of dehati nalishi merg was recorded vide Ex. P/32. After summoning the witnesses vide Ex. P/4, inquest was prepared over the body of the child vide Ex. P/5. Spot map was prepared by investigating officer vide Exs. P/6 and P/7. Dead body was sent for autopsy vide Ex. P/23 to Community Health Centre, Dhoulpur. Kedar Das father of Shatambi has lodged the F.I.R. vide Ex. P/20. Autopsy was conducted by Dr. Kamlesh Kujur (PW-17) vide Ex. P/22 and opined that cause of death was due to asphyxia as a result of throttling and death was homicidal in nature. Cloth was recovered vide Ex. P/11. Shatambi (PW-2) was also examined by Dr. Smt. Snehlata Kujur (PW-12) vide Ex. P/19 and found sign of recent delivery within 7 days. Photographs of the dead body of the child were taken vide Ex. P/28.