ASHOK DAS MANIKPURI Vs. STATE OF C.G.

JUDGEMENT

(1.) The appellant has preferred this criminal appeal under Section 374(2) of the Code of Criminal Procedure against the judgment of conviction and order of sentence dated 7th December, 2007 passed in Session Trial No. 2/2007, whereby learned First Additional Sessions Judge, Baloda Bazar, has convicted the appellant for commission of offence punishable under Sections 302 and 201 of the Indian Penal Code and sentenced him to undergo life imprisonment and fine of Rs. 500/-, and R.I. for five years and to pay fine of Rs. 500/-, in default of payment of fine, to undergo further R.I. for 2 months, respectively for causing homicidal death of his wife namely Purnima and for causing disappearance of the evidence of murder.

(2.) The case of the prosecution, in brief, as projected in the impugned judgment is that on 23.12.2006 at about 2.00 p.m., Heera Ram (PW/1) along with Karan and others was seated near Peepar chowk. On hearing noise from his house, he went to his house and saw his daughter-in-law namely Purnima lying dead on the bed in burnt condition, the deceased was covered with counterpane and bed was burnt. Smell of kerosene was emanating from the room. The morgue intimation (Ex.P/1) was lodged by Heera Ram (PW/1) father-in-law of the deceased on 13.12.2006 at 04:04 p.m., on the basis of which F.I.R. (Ex.P-3) was registered. After registering the crime, Police proceeded to the scene of occurrence. Inquest over the person of deceased was prepared vide Ex.P/5 in presence of witnesses. Thereafter, dead body was sent for autopsy to Primary Health Centre, Bilaigarh, where Dr. Kishore Kumar Gandharwa (PW-13) conducted post mortem and gave his report vide Ex.P/12. Spot map was prepared by the Investigating Officer (Ex.P-2). Clothes of the deceased including clothes of the bed, jerry can of kerosene and soil were seized vide Ex.P/6.

(3.) After completing the usual investigation, charge sheet was filed in the Court of Chief Judicial Magistrate, Baloda Bazar, who in turn committed the case to the court of First Additional Sessions Judge, Baloda Bazar for trial. Learned Sessions Judge framed charges for commission of offence punishable under Section 302 and 201 of the Indian Penal Code against the appellant for causing homicidal death of his wife Purnima, who abjured the guilt.