SHIVMANGAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Accused/appellant Shivmangal has preferred this criminal appeal under Section 374(2) of the Code of Criminal Procedure, 1973 being aggrieved by the judgment of conviction and sentence dated 30-8-2002, passed by the learned Additional Sessions Judge, Bilaspur in Sessions Trial No. 526 of 2001 by which the learned Additional Sessions Judge after holding the accused/appellant guilty of the offence punishable under Section 302 of the Indian Penal Code convicted and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 200/- in default of payment of fine to further undergo rigorous imprisonment for fifteen days.

(2.) The case of the prosecution in brief is that the wife of the accused/appellant namely Jospheena died in the intervening night of 12th and 13th August 2001 at about 12.00 Oclock. The accused/appellant informed this fact to the parents of Jospheena. On 13-8-2001 the parents of deceased-Jospheena came and they advised the accused to report the matter to the Police. On 14-8-2001 the accused/appellant along with village Kotwar Umed Das went to the Police Station, Ratanpur and gave the Merg intimation (Ex. P/7) to the Station House Officer stating that on 12-8-2001 his wife had loose motions many times. When he returned at about 3.00 p.m. by that time she had loose motions for 4-5 times and after his return also she had loose motions many times. He informed his neighbours Ramlal and Bandhu. They advised him to call the doctor. Thereafter he called the doctor but by that time his wife passed away and he informed his in-laws in the night. After recording this Merg intimation the Investigating Officer reached the place. He gave the notices (Exs. P/8 and P/9) to the witnesses and prepared the inquest Panchanama (Ex.P/2) of the dead body of the deceased and sent the dead body for post-mortem examination. Dr. N. K. Samdariya (P.W. 2) conducted autopsy on the dead body of the deceased. The post-mortem report is Ex. P/6. The Investigating Officer prepared the site plan Ex. P/10. On 16-8-2001 Baldev (P.W. 1) gave the information to the Station House Officer that accused Shivmangal had committed the murder of his wife Jospheena by administering poison mixed with wine. Upon receiving this information the Station House Officer of Ratanpur Police Station recorded Dehati Nalishi (Ex. P/11) and registered the first information report (Ex. P/12). while in Police custody accused Shivmangal gave a memorandum (Ex. P/3) and in pursuance of that memorandum one bottle containing liquid was recovered and seized under Ex. P/4 and another bottle was recovered and seized under Ex. P/5. the viscera of the deceased contained in three jars were also seized under Ex. P/13 and the same were sent for chemical examination. The report of the Chemical Examiner is Ex. P/19. The Police after completing the investigation filed the charge-sheet against the accused/appellant in the Court of Chief Judicial Magistrate, Bilaspur who committed the case to the Sessions Court, Bilaspur and the Sessions Judge in turn transferred the case to the Court of Additional Sessions Judge, Bilaspur.

(3.) The learned Additional Sessions Judge after hearing the arguments of the APP and the counsel for the accused/appellant and after perusal of the material available on records reached the conclusion that there is sufficient material to frame charge under Section 302 of the Indian Penal Code. Accordingly he framed the charge against the accused for the commission of the offence under Section 302 of the Indian Penal Code. The accused/appellant denied the charge and claimed to be tried.