CHHATTISGARH HIGH COURT
Vivek Agrawal, J
Ishwari Prasad Sahu v. State of Chhattisgarh
Sessions Trial No. 21/2002
| Table of Content |
|---|
| 1. conviction based on credible evidence and chain of circumstances. (Para 1 , 2 , 4) |
| 2. evidence of theft and murder linked to the appellant. (Para 3 , 12 , 16) |
| 3. court affirms conviction based on established legal precedents. (Para 8 , 25 , 27) |
| 4. defense arguments addresses sufficiency of circumstantial evidence. (Para 9 , 21) |
| 5. necessary conditions defined for circumstantial evidence. (Para 22 , 23 , 24) |
1. Challenge in this appeal is to the judgment of conviction and order of sentence dated 30-6-2003 passed by the 9th Additional Sessions Judge (F. T. C.), Raipur, in Sessions Trial No. 21/2002, whereby and whereunder learned 9th Additional Sessions Judge after holding the appellant guilty for the offence punishable under S.302, S.392 and S.455 of the Indian Penal Code , sentenced him to undergo imprisonment for life and to pay a fine of Rs. 1,000/-, in default of payment of fine to further undergo rigorous imprisonment for six months; rigorous imprisonment for three years and to pay a fine of Rs. 500/-, in default of payment of fine to further undergo rigorous imprisonment for three months and rigorous imprisonment for three years and to pay a fine of Rs. 500/-, in default of payment of fine to further undergo rigorous imprisonment for three months.
2. Judgment is impugned on the ground that without there being any credible and clinching evidence, the Court below has convicted and sentenced the appellant as aforementioned and thereby committed illegality.
3. Case of the prosecution, in brief, is that on the fateful day of 13-12-2001 between 11 to 12 at noon, deceased Maneshwari was present in her house, the appellant entered into her house and committed rape with her. After commission of rape, he has also committed robbery of articles of the property of the deceased and caused homicidal death amounting to murder. Dehati Nalishi was recorded vide Ext. P / 1. After summoning the witnesses vide Ext. P / 5, inquest over the dead body of the deceased was prepared vide Ext. P / 6. FIR was lodged vide Ext. P / 2. Dead body was sent for autopsy to Community Health Centre, Nevra. Autopsy was conducted by Dr. Ku. Meena Samuel (PW 2) vide Ext. P / 3 and found following injuries:
i) Lacerated wound of 5" x 3" x 2" over the neck. Trachea was visible;
ii) Lacerated wound of 2" x 1'" x 1" over left shoulder. Blood was coming out;
4. Cause of death was severe haemorrhage as a result of fatal injury over the neck and death was homicidal in nature. Bloodstained soil, plain soil, bloodstained piece of bangles, two hair clips, one bloodstained handle of barber knife and one bloodstained bed sheet were recovered from the spot vide Ext. P / 8. On 18-12-2001 after 5 days of the incident, the appellant was taken into custody. He made disclosure statement of broken barber knife, motor - cycle, broken piece of necklace (Mangalsutra), locket, payal, guriya, bloodstained clothes and Rs. 3100/- vide Ext. P / 13. The appellant has produced bloodstained sharp edged part of barber knife. Same was recovered vide Ext. P / 14. Bloodstained sweater, full pant, shirt, Rs. 3100/- and underwear were recovered at the instance of the appellant vide Ext. P / 15. Three receipts relating to sale of ornaments were recovered from Ramesh Kumar vide Ext. P / 17. Piece of Mangalsutra, silver payal and cash memo (Ext. P / 11) were seized from Sanjay Kumar at the instance of the appellant vide Ext. P / 12. Register was given in Supurdnama to Sanjay Kumar vide Ext. P / 13. Spot map was prepared by patwari vide Ext. P / 9. Black guriya of necklace and thread were recovered at the instance of the appellant vide Ext. P / 19. Motor - cycle Bajaj M 80 was seized from Malik Ram vide Ext. P / 7. Seized ornaments were identified by the husband of the deceased Ramesh Kumar Verma vide Ext. P / 23. Seized articles were sent for medical analysis vide Ext. P / 21. Presence of blood over barber knife and clothes of the accused / appellant were confirmed by the Forensic Science L
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