ABHAY SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 1st June 2015 passed by learned Additional Sessions Judge, Ramanujganj, District Balrampur-Ramanujganj in ST No.329 of 2012 whereby and whereunder the appellant has been held guilty of commission of offence under Section 302 IPC and sentenced to undergo life imprisonment with fine of Rs.500/- and in default of payment of fine, additional RI for three months.

(2.) The prosecution story, as unfolded from the records of the case, is that Basanti, wife of the appellant, was found dead in her house. It is the case of the prosecution that an information was given to Devkumar (PW1) brother of the deceased, regarding illness of his sister, whereafter Devkumar reached the house of the appellant and found that his sister was lying dead. He was informed by the appellant that Basanti was carrying pregnancy and as the baby was unwanted, for the purpose of causing abortion, co-accused Dr. Gopal Prasad was called who is said to have prescribed certain medicines for abortion which were administered. Unfortunately, Basanti died. As this was the reason stated by the appellant to the brother of the deceased, a morgue intimation in Ex.P-1 and FIR in Ex.P-2 were recorded in the police station at the instance of Devkumar (PW1) in which the story as stated by the appellant was recorded. Inquest over dead body was prepared in Ex.P-5 in the presence of witnesses. The dead body was also sent for postmortem and a team of two doctors namely Dr. Govind Singh (PW16) & Dr. R. B. Prajapati (PW17) conducted postmortem and prepared postmortem report in Ex.P-10. The postmortem report disclosed certain injuries and according to doctor, the cause of death was asphyxia as a result of injury sustained over the mouth and nose. While according to the appellant, the deceased died due to administration of certain pills given to her to abort pregnancy, postmortem conducted by Dr. Govind Singh (PW16) and Dr. R. B. Prajapati (PW17) disclosed death caused due to asphyxia. The police, therefore, filed a charge sheet making allegation of commission of murder not only against the appellant that he caused death of his wife but also against Dr. Gopal Prasad, the co-accused that by giving pills for abortion, he caused death. Against the appellant and co-accused, separate charges were framed. Against the appellant, charges under Section 302 IPC were framed whereas against other co-accused, charges under Section 314 IPC were framed. In order to prove its case, the prosecution examined as may as 18 witnesses. Co-accused examined himself as the sole defence witness. Present appellant did not examine any defence witness. In his examination under Section 313 Cr.P.C., appellant denied incriminating evidence and circumstances appearing against him in the evidence of the prosecution and stated that he has been falsely implicated.

(3.) The learned trial Court found that as far as co-accused Dr. Gopal Prasad is concerned, he deserved to be acquitted as the prosecution has failed to prove that the abortion pills was purchased by the appellant- Abhay from co-accused Dr. Gopal Prasad nor any documentary evidence in that regard was proved and that co-accused produced the document relating to his registration with Chhattisgarh Paramedical Council of he having taken paramedical training course and thus competent to treat simple diseases. However, taking into consideration that Basanti died homicidal death due to asphyxia, there was no pregnancy found and that Basanti died in her house in the presence of her own husband, the appellant- Abhay Sahu who failed to explain how his wife sustained injury and died homicidal death, the Court below convicted appellant- Abhay Sahu for commission of offence under Section 302 IPC.