Circumstantial evidence must establish a complete chain of guilt beyond reasonable doubt; mere suspicion is insufficient for conviction.

Judgment on Board

(22.08.2024)

Sanjay K. Agrawal, J.

1. This criminal appeal filed by the appellant-accused, under Section 374(2) of Cr.P.C ., is directed against the impugned judgment of conviction and order of sentence dated 07.07.2018, passed by learned Sessions Judge, (in-charge F.T.C.) Balod, District - Balod (C.G.) in Sessions Trial No. 82/2017, whereby the appellant has been convicted for offence punishable under Sections 302 of IPC and sentenced to undergo life imprisonment with fine of Rs. 1000/- and in default of payment of fine amount additional rigorous imprisonment for six months.

2. The case of the prosecution, in short, is that on 19.05.2017, at about 4:00 pm, in village Haldikhar, Police Station Gunderdehi, District – Balod, the appellant herein murdered Dileshwari Dheemar (now deceased) by stabbing her with a knife on her neck, thereby, committed the offence under Section 302 of IPC .

3. Further, the case of the prosecution in a nutshell, is that the deceased used to live with her husband Chandra Kumar in Village Khola (Basin) Ranitarai District Durg, when she went to work as a daily wage labourer, she fell in love with the accused/appellant, thereafter the accused and the deceased started having physical relations with each other, they used to talk to each other over mobile phone, the deceased, on 19.05.2017 at about 09:30 O’clock, the deceased make a phone call to the appellant and asked to come to Jamgaon. After this, she (deceased) went to Dr. Chandravanshi's hospital from where the accused took her on his motorcycle to Jhalmala via Bhatgaon's big canal and from there, sitting in a field at some distance, both of them again had physical relations with each other and then from there they reached the bank of Haldi Khar canal where the accused ate food, the deceased did not eat food, after this, the deceased started insisting that the accused take her home with him and keep her as his wife, then the accused/appellant stabbed her with a knife and injured her neck and throat, then the accused strangled the deceased to death, the next day i.e. 20.05.2017 the body of the deceased was found lying in Chumman Satnami's paddy field on the bank of Haldi Khar Tandula canal, the Kotwar, Loman Das (PW-1) was informed, the police was called, then as per the information given by Kotwar, Loman Das Manikpuri (PW-1), Dehati Merg Intimation was registered vide Ex. P-1 against unknown deceased. On the same day, the dead body of the deceased was identified vide Ex.P-10 by Chandrakumar (PW-4), husband of the deceased. The dead body panchnama was prepared vide Ex.P-12 in the presence of the witnesses. On the same day, at about 2:40 PM, the mobile phone (Nokia company) of the deceased with SIM card mobile No. 7049935437, her footwear and her bangles were seized from the spot vide Ex. P-14 in the presence of witnesses Chandrakumar (PW-4) and Manohar (PW-5). Inquest was conducted vide Ex.P-12. On the same day, the dead body of the deceased was sent for postmortem examination which was conducted by, Dr. Prabha Burman (PW-10) vide Ex.P-22 in which the cause of death was opined to be hemorrhagic shock due to stab injury found on the right side of the neck and the nature of death was homicidal. Thereafter, FIR was registered vide Ex. P-28 against unknown person. On 22.05.2017 at about 03:00 pm, memorandum statement of the appellant was recorded vide Ex.P-5. The Mobile Phone of the accused/appellant with 2 SIMs, motorcycle and one shirt with blood stains were seized vide Ex.P-8. A knife was also seized vide Ex. P-6 from canal drain area pursuant to memorandum statement of the appellant. The appellant-accused was arrested vide Ex.P-25. The seized articles were sent for chemical examination to FSL.