CHANDRAMANI TRIPATHI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has preferred the present appeal being aggrieved with the judgment dated 24.2.2010 passed by the Special Judge and Additional Sessions Judge, Sidhi in Sessions Trial No. 162/2007 whereby the appellant has been convicted of the offence under Section 302 of the IPC and sentenced to Life Imprisonment with fine of Rs.1000/-, R.I. for one month in default of payment of fine.

(2.) The prosecution's case, in short, is that on the night of 27.6.2007 at about 11:00 PM Lalita, the wife of the appellant shouted that a thief had entered in her locality at village Lehechua (Police Station Rampur Naikin, District Sidhi). When neighbours of the locality gathered, she told them that her husband had entered in the house of deceased Shyamwati. She also told them that she had locked the only door of the house of Shyamwati from outside. Thereafter, she opened the lock before the crowd, which was gathered, but the door was closed from inside and it could not be opened. Entire crowd stayed there till the morning. At about 6:00 AM in the morning, Sarpanch Gajendra Singh (PW-11) was called, on who's telling the appellant to come out, the appellant came out of the house and tried to escape but he was held by the crowd gathered at the spot. When some of the persons went inside the house of deceased Shyamwati, it was found that she was dead and her body was lying in the room. Ram Gopal Sahu (PW-3) immediately went to Police Station Rampur Naikin and gave a merg intimation Ex.P-4 to the Police Station. The Police has also registered a crime by the FIR Ex.P-5. The body of deceased Shyamwati was sent for the post mortem. Dr. Sandeep Bhalla (PW-1) performed the post mortem on the body of deceased Shyamwati with a team of Doctors and gave a report Ex.P-1. He found that deceased Shyamwati died due to throttling and nail marks were also found on her neck. During investigation the appellant was arrested, his nails were also cut for forensic examination. In the Forensic Science Laboratory's report Ex.P-16, sperms and semen particles were found on vaginal swab and petticoat of deceased Shyamwati. After due investigation, the charge sheet was filed before JMFC, Churhat, who committed the case to the Court of Session and ultimately it was transferred to the Additional Sessions Judge and the Special Judge under SC/ST (Prevention of Atrocities) Act, Sidhi.

(3.) The appellant abjured his guilt, he did not take any specific plea in the case and, therefore, no defence evidence has been adduced.