RAM KUMAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This Appeal is directed against the judgment of conviction and order of sentence dated 5th April, 2011 passed by the Sessions Judge, Raigarh in ST No.101/2009 whereby the appellant has been convicted for commission of offence under Section 302 of the IPC and sentenced to undergo imprisonment for life.

(2.) According to the prosecution, deceased Geeta Bai was the appellant's sister-in-law. The appellant had developed fancy/liking for the deceased, which was ignored by her for the reason that such fancy/liking usually occurs between a married man and his Saali (i.e. sister-in-law). In this backdrop, marriage of the deceased was fixed and it had taken place on the previous day of the incident. On 17.4.2009, her Vidai was to take place in the morning. Before this, at about 5 am the deceased had gone to attend the nature's call along with (PW-3) Santoshi and (PW-4) Shaniro Bai. The appellant had also gone to attend the nature's call. When all were returning after attending the nature's call, the appellant enquired from Santoshi as to whether fuel wood is available, to which Santoshi replied that she does not belong to his family, therefore, how can she be aware of the availability of the fuel wood. Hearing this reply, the appellant, after few minutes, inflicted one severe axe blow over the neck of the deceased cutting her carotid artery, jugular veins and caused fracture of the neck bone. The deceased went to her house and embraced her father. After some time, she was taken to the Police Station in an ambulance and from there she was taken to the hospital.

(3.) Fir (Ex.-P/13) was lodged by the deceased herself at about 7.30 am wherein she has narrated the entire sequence of events as mentioned above. She has also mentioned that the incident is witnessed by Santoshi (PW-3) and Shaniro Bai (PW-4).