GANGARAM SATNAMI Vs. STATE OF C.G

JUDGEMENT

(1.) THE Appellant has preferred this Criminal Appeal under Section 374(2) of the Code of Criminal Procedure against the judgment dated 02.03.2005 passed in S.T. No. 192/04 whereby the learned 1st Additional Sessions Judge, Rajnandgaon has convicted the Appellant under Sections 302 & 201 of the I.P.C. and sentenced him to undergo life imprisonment and fine of Rs. 2,000/- in default additional R.I. for 6 months and R.I. for two years and fine of Rs. 1,000/- in default additional R.I. for 3 months respectively for causing homicidal death of Bhukhin Bai.

(2.) CASE of the prosecution, in brief, is that on 4.7.2003 Jai Kishen Panika gave morgue intimation (Ex.P-10) stating therein that wife of Appellant namely Bhukhin Bai died due to burning in the night of 3.7.2003. After registering the morgue intimation, the police proceeded for the scene of occurrence, prepared inquest over the person of deceased vide Ex. P-12 and thereafter sent the dead body to Primary Health Centre, Dongergarh for autopsy vide Ex. P-19. Dr. S. Choudhary (PW-11) conducted postmortem and gave his report of Ex. P-19A. On 4.7.2003 plastic jerry-cane containing 100 mili liters of kerosene lying near the dead body of Bhukhin Bai, burnt pieces of saree worn by the deceased having smell of kerosene, plain soil near the dead body, two burnt sticks of match-box and broken log was taken into possession from the place of incident vide Ex. P-13. A leaf of a copy written on both sides (Ex. P-16) from the pocket of the shirt of the Appellant was taken into possession vide Ex. P-14 on the same day. Since Dr. S. Choudhary (PW-11) did not give any opinion regarding cause of death, query of Ex. P-20 was sent to him on 19.7.2003 and he gave his opinion on 25.7.2003 vide Ex. P-20A and opined that cause of death may be due to either throttling or burning, but final opinion will come after microscopic examination of viscera.

(3.) ON the basis of above complaint, offence under Sections 302,109 & 201 of the IPC was registered vide Ex. P-22. Copy of decision (Ex. P-23) taken in the meeting dated 21.5.2002 of Village Kalyanpur, written admission of Mansha Joshi & Gangaram Joshi (Ex. P-4 & P-5) were taken into possession vide Ex. P-2 on being produced by the complainant Satyapal Khobragade. Spot map was prepared vide Ex. P-6. Nazri Naksha (Ex. P-18) was got prepared by Halka Patwari Munna Lal Bisen (P W-8). Articles seized during investigation, pieces of trachea, liver & heart of the deceased Bhukhin Bai, salt solution, plastic jerry-cane containing kerosene, semi-burnt clothes, plain soil seized from the place of incident were sent for chemical analysis and report of the FSL is Ex. P-21.