(Criminal Appeal No.1006 of 2017)

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Criminal Appeal No. 1006 of 20 17 [Arising out of judgment dated 30.09.2015, passed in Sessions Case No.160 of 2014 (State of Chhattisgarh v. Mahesh Kushwaha), by the 4^th Additional Sessions Judge, District Durg (C.G.)]

Mahesh Kushwaha, Son of Ramdas Kushwaha, aged about 28 years, Resident of Village Teela Karela, Police Station Shivpuri, District Shivpuri (Madhya Pradesh)

---- Appellant (In jail) Versus State of Chhattisgarh, through Thana Incharge, Police Station Supela, District Durg (Chhattisgarh)

---- Respondent ------------------------------------------------------------------------------------------

For Appellant : Mr. Vaibhav Shukla, Advocate/Panel Lawyer appointed through CG High Court Legal Services Committee For Respondent : Mr. Rahul Tamaskar, Govt. Adv.

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Division Bench Hon'ble Shri Justice Sanjay K. Agrawal and Hon'ble Shri Justice Sanjay Kumar Jaiswal Judgment on Board (18.03.2024)

Sanjay K. Agrawal, J (1) This criminal appeal filed under Section 374(2) of Cr.P.C. by the appellant-accused is directed against the impugned judgment of conviction and order of sentence dated 30.09.2015, passed by the 4^th Additional Sessions Judge, District Durg (CG) in Sessions Case No.160 of 2014, whereby he has been convicted for offences: under Section 302 of IPC and sentenced to undergo imprisonment for life with fine of Rs.100/- and, in default of payment of fine amount, additional imprisonment for 02 months and also under (Criminal Appeal No.1006 of 2017)

Section 201 of IPC and sentenced to undergo rigorous imprisonment for 02 years with fine of Rs.100/- and, in default of payment of fine amount, additional rigorous imprisonment for 01 month. [Both the sentences are directed to run concurrently].

(2) The case of the prosecution, in short, is that between 30.03.2014, at about 22:30 hours in the night, till 02.04.2014, at about 14:00 hours in the afternoon, in the house of Sagan Bai Meshram (PW-03), situated at Sunder Nagar, Kohaka, 03 KMs far from Police Station Supela, the appellant herein with the intent to kill Ranjita @ Madhu (hereinafter referred to as the “deceased”) strangulated her neck, due to which she suffered grievous injuries and died and, further, in order to screen himself from the legal punishment, kept the dead-body of the deceased in Diwan (bed) and, thereby, said to have committed offence under Sections 302 & 201 of IPC.

(3) The further case of the prosecution is that though the deceased was not legally wedded wife of the appellant, but they were staying together in live-in relationship. It is also the case of the prosecution that when on 02.04.2014, at about 16:50 hours, complainant, namely, Deepak Dangree (PW-06) reported the matter at Police Outpost- Smriti Nagar, comes within the ambit of Police Station Supela, stating that the deceased, who used to reside in his house on rent, her room was locked from 31.03.2014, thereafter, the police officials came and unlock the (Criminal Appeal No.1006 of 2017)

room, upon which, the dead-body of the deceased was found/recovered inside the Diwan (bed) rapped with a cloth.

(4) On the basis of aforesaid report so lodged by Deepak Dangree (PW-06), initially the police registered dehati merg panchnama vide Ex.P/09 and, thereafter, marg intimation (Ex.P/14) and FIR (Ex.P/17) was registered and wheels of investigation started running, in which, summons under Section 175 of CrPC were sent vide Ex.P/07 and inquest proceedings were conducted vide Ex.P/08. Nazari Naksha and panchnama were also prepared vide Ex.P/06 and Ex.P/11 respectively. The dead- body of the deceased was sent for postmortem examination and in the postmortem report (Ex.P/15), conducted by Dr. S.K. Bagh (PW-13), it has been opined that the cause of death of the deceased remains open and same could not be ascertained, as the dead-body is in decomposed state a