Decided on May 07,2003



L.C.BHADOO, J. - (1.)The accused/appellant has preferred this criminal appeal under Section 374 (2) of the Criminal Procedure Code being aggrieved by the judgment dated 24th February, 2000, of conviction passed by the First Additional Sessions Judge, Durg, by which the learned Additional Sessions Judge after holding the accused/appellant guilty under Sections 302 & 201 of the Indian Penal Code sentenced him to undergo imprisonment for life under Section 302 of the I. P. C. and to undergo R. I. for seven years and pay a fine of Rs.1,000/- in default of payment of fine to further undergo R. I. for six months under Section 201 of the I. P. C. Both the sentences were directed to run concurrently.
(2.)The relevant prosecution story for the disposal of this criminal appeal is that de ceased Tikeshwari Bai was from Sahu Samaj and accused/appellant Bhanu Kanwar was from Kanwar Samaj. They fell in Jove with each other and on account of their physical relations deceased Tikeshwari Bai became pregnant. Panchayat meetings of both the castes were convened and both the deceased and the accused/appellant were outcasted by their respective castes. Thereafter, the accused/appellant and the deceased started living together separately. First of all they started residing in the house of Zarhu Kewat, thereafter they went to the house of Leval Baret and in the last they started residing in the house of the uncle of the accused/ appellant namely, Dhaneshram Kanwar. After some time- deceased Tikeshwari Bai all of a sudden was not visible and accused/ appellant Bhanu Kanwar had not informed any one about this fact. Before her disappearance, deceased Tikeshwari Bai met her younger sister Gangotri Bai on Friday and in that meeting, the deceased informed Gangotri Bai that her husband is digging a pit for the construction of bath room. When the deceased was not visible for another 3-4 days, Gangotri Bai sister of the deceased and Udsiya Bai mother of the deceased enquired about the whereabouts of deceased Tikeshwari Bai from the accused/appellant. On enquiry, he informed that the deceased has left his house after taking away the money, Jhabua (a basket for carrying things) and other items. On this, Udsiya Bai mother of the deceased approached the Sarpanch, Gram Panchayat, Bhatagaon namely, Dwarika Prasad who advised her to report the matter to the Police Station. When Udsiya Bai was going to lodge the report in the Police Station accused/appellant Bhanu Kanwar requested her not to report the matter to the Police, but when she along with Kotwar Devendra Das went to lodge the report before the Police Station the accused/ appellant left the village. Udsiya Bai lodged the missing report of deceased Tikeshwari Bai in the police Station: Gunderdehi. The accused/appellant while leaving the village handed over a letter Ex. P-23 to his friend Dileshwar and requested him to handover the letter to Village Sarpanch Dwarika Prasad, in which he had written that the whereabouts of his wife Tikeshwari Bai has been traced out, she is at present in the house of one of her friends at Balod, he is going to take his wife from Balod and from there theywill go to some other place for the purpose of earning the livelihood. Dileshwar handed over that letter Ex. P- 23 to Dwarika Prasad. One day, Keshav Gardiya informed village Kotwar, Udsiya Bai mother of the deceased, Sarpanch Dwarika Prasad and other persons of the village that some foul smell is coming out from the house and small garden of accused/appellant Bhanu Kanwar which is adjacent to his house. On the report of Keshav Gardiya, Kotwar Devendra . Das, Sarpanch Dwarika Prasad, mother of the deceased Udsiya Bai and other persons went to the house of Bhanu Kanwar where the accused along with his wife Tlkeshwari Bai used to reside, the house was locked but the smell was emanating from the house. Therefore, Kotwar Devendra Das and Sarpanch Dwarika Prasad went to the Police Station: Gunderdehi for informing about the same. On this, Sub-Inspector Bhishma Dev along with the Kotwar and the Sarpanch came on the scene and inspected. The smell was emanating from a heap of dung cakes and on removing the dung cakes the smell increased. Sub-Inspector bBhishma Dev made an application Ex. P-15 before the Executive Magistrate, Gunderdehi and on that application after getting the permission he came along with the Naib Tehsildar on the spot and on digging the spot the dead body of deceased Tikeshwari Bai was detected which was identified by Kotwar Devendra Das and mother of the deceased Udsiya Bai. On the information of Kotwar Devendra Das merg intimation was registered and thereafter in the presence of the witnesses, the Panchanama of the dead body Ex. P-6 was prepared. The postmortem of the dead body of deceased Tikeshwari Bai was got conducted from the Public Health Centre, Gunderdehi through letter Ex. P-16. the postmortem was conducted by Dr. Arvind Nirlwar and Dr. Ulhas Gonade. They gave the report Ex. P-25. From the scene of the occurrence, in the presence of the witnesses, broken pieces of bangles, simple soil and the blood stained soil were taken into possession by the Investigating Officer through memorandum Ex. P-12. The house of the accused/appellant was opened In the presence of the witnesses and one blood stained shawl, one blue blanket, pillow cover, one cloth and one spade were taken into possession through Ex. P. 13. All these articles were sent for chemical examination. The Patwari prepared the site plan Ex. P-2. The letter written by accused/appellant Bhanu Kanwar which was handed over to Sarpanch Dwarika Prasad by Dileshwar was also taken into possession by Ex. P-4. During the investigation, accused/appellant Bhanu Kanwar was arrested and on enquiry he gave the information Ex. P-27 under section 27 of the Evidence Act and on his information one purse, silver rings and the white shining ear rings were taken into possession through Ex.P-8. In the presence of the witnesses, the sample handwriting of the accused/appellant was taken through Ex. P-10. The blood stained lungi and full sleeve shirt of the accused/appellant was taken into possession through Ex. P-11. The recovered items were got identified by mother of the deceased Udsiya Bai before the Naib Tehsildar through Ex. P-8 and Ex. P-14. Dehati Nalishi Ex. P-17 was written and thereafter, the case was registered. The letter Ex. P-23 along with the sample handwriting of the accused/appellant was sent for opinion of the handwriting expert and the opinion of the expert was received. After completion of the investigation, the challan was filed against the accused/appellant under Sections 302 & 201 of the I. P. C.
(3.)The learned Additional Sessions Judge framed the charges against the accused/ appellant who denied the same. In order to prove the offence against the accused/appellant the prosecution in all examined 14 witnesses. The statement of the accused/ appellant was recorded under Section 313 of the Cr. P. C. in which either he denied the statement of the witness or he said that he does not know anything and in the last he said that he is innocent. He had not offered any explanation about the circumstances and evidence appeared against him. He simply denied the allegations and said that he is innocent.

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