The judgment establishes the principle that false answers by the accused and the failure to offer an appropriate explanation for incriminating circumstances can serve as additional evidence of guilt.

JUDGMENT :

1. This appeal arises out of the judgment of conviction and order of sentence dated 15.11.2019 passed by the Third Additional Sessions Judge, Durg, District Durg (C.G.) in Sessions Case No. 104 of 2018, whereby the appellant stands convicted and sentenced as under:-

Conviction Sentence

Under Section 201 of IPC (hereinafter referred to as the 'IPC') R.I. for three years and pay a fine of Rs.2,000/-, in default of payment to further undergo R.I. for six months

Under Section 304 Part-II of IPC R.I. for seven years and pay a fine of Rs.5,000/-, in default of payment to further undergo R.I. for one year

Both the sentences to run concurrently

2. Facts of the case, in brief, is that on the basis of information received from complainant Arjun Sonwani (PW-5) that on 24.02.2018 a dead body of unknown woman was found at Village Sweti, side of Chhuhiya Pond in the field of Budharu Satnami, merg was recorded at Police Station Bori. During merg inquiry identification panchnama of dead body was prepared and it was found that dead body was of Ku. Hema Sahu aged about 22 years D/o Chintaram Sahu, resident of Village Dudiya, P.S. Gumka, District Rajnandgaon. During merg inquiry it was also found that the death of the deceased was not under normal circumstances. Inquest over the dead body was prepared vide Ex.-P/6.

3. Dead body of the deceased was sent for postmortem examination to Government Hospital, Durg vide Ex.-P/17 A, where the postmortem was conducted by PW-11 Dr. R.K. Nayak who gave his report Ex.-P/22. As per postmortem report (Ex.-P/22), on external examination Doctor PW-11 found that there were stiffness and bluishness on the body of deceased; eyes, mouth were open; skin was loose and there was smell in the body. The Doctor also noticed clotted blood in the mouth & both nostrils; diffuse swelling on the left side of scalp, cheek; left eye was close swelling of both lid; blackishing of skin on left side of face and whole neck. PW-11 opined that cause of death of the deceased was shock due to extensive head injuries. Time elapsed since death could not be decided as body had freezed.

4. On basis of postmortem report, F.I.R. was registered by the police of police station Bori under Crime No. 26/2018 for the offence under Section 302, 201 of IPC. Thereafter, the matter was taken up for investigation. As per statements of witnesses recorded by the police, deceased Ku. Hema Sahu was having love affair with one Kishore Sahu who is resident of village Mohandi for the last two years. In the meantime, during her visit to the house of her uncle namely Santosh Sahu, she came in contact with the appellant and started talking with him over the mobile phone. The appellant visited the village of deceased to meet her. The deceased disclosed her affair with Kishore Sahu to the appellant upon which the appellant threatened her that he would disclose her affair to her uncle.

5. On 21.02.2018 the deceased went missing. During investigation memorandum statement (Ex.-P/9) of appellant was recorded in presence of witnesses by the police in which the appellant stated that on 20.02.2018, he met the deceased in the night near Jain Mandir at Village Nagpura. There was quarrel between them over love affair of the deceased with Kishore Sahu. After compromise between them, he committed sexual intercourse with her and dropped her to her house. On 21.02.2018, the appellant quarrelled with the deceased over mobile phone, then the deceased called him. At about 03:30 pm the deceased met him at Village Nagpura and she quarrelled with him, then he took the deceased by his motorcycle to Village Sweti near the pond where she again quarrelled with him, he assaulted the deceased by hands and fists, she fell down on the field, sustained injuries and became unconscious. Thereafter, the appellant laid the deceased near the bund of field and covered her body with mushroom bushes. After breaking the SIM of mobile phone of deceased, he kept the mobile with him and on the way the b