Decided on July 28,2003

RAJ KUMAR Appellant


L. C. BHADOO, J. - (1.)ALL the above three criminal appeals are arising out of the same judgment dated 18th January, 1996, passed by the Additional Sessions Judge, Dhamtari, Distt. Raipur and they relate to the same incident. As all the three accused/appellants were accused in the same case, i.e,, Sessions Trial No. 348/94, these three appeals are being disposed of by this common judgment.
(2.)THE accused/appellants have preferred these criminal appeals under Section 374(2) of the Cr.PC being aggrieved by the judgment of conviction and sentence dated 18th January, 1996, passed by the Additional Sessions Judge, Dhamtari, Distt. Raipur, in Sessions Trial No. 348/94, by which the learned Additional Sessions Judge after holding the accused/appellants guilty of the commission of the offences under Sections 302 and 201 of the IPC sentenced each of them to undergo imprisonment for life and to undergo rigorous imprisonment for two years, respectively. Both the sentences were directed to run concurrently.
(3.)BRIEFLY stated, the prosecution case is that accused Feku Ram, resident of Village Belarbahra lodged a report at Police Station Sihawa, Distt. Raipur on 6-6-94 at about 8.30 p.m. that on the previous day morning, i.e., on 5-6-94 there was a quarrel between the wife of his younger brother namely, Ramola Bai and her husband Raj Kumar. Raj Kumar said something to Ramola Bai regarding her illicit relations with one Jahanghasia. Thereafter, Ramola Bai died by hanging herself in the house. Upon receiving this oral report, merg intimation No. 19/94 under Section 174 of the Cr.PC was registered. C.S. Netam, the Sub-Inspector, Police Station, Sihawa, Tehsil Dhamtari reached Village Belarbahra and after giving notices (Ex. P-5) to witnesses, prepared Panchnama (Ex. P-6) of the dead body of Ramola Bai. At that time, the dead body of Ramola Bai was found hanging in the room and her knees were touching the ground. Some pieces of broken bangles and also match sticks were lying there. Blisters and burning signs were present on the thigh region of the deceased. The palms of both the hands were also found burnt. The anus and uterus were coming out. After preparation of the Panchnama of the dead body, the post-mortem of the dead body was conducted by Dr. Padmakar Mishra (P.W. 13) and the site plan of the place of incident (Ex. P-21) was prepared. The broken bangle pieces were seized under Ex. P-7. On 7-6-94 accused Devki Bai gave a memorandum (Ex. P-10) and in pursuance of that memorandum one utensil meant for preparation of tea was recovered at the instance of accused Devki Bai under Ex. P-11. On the same day at 12:30 p.m. accused Feku Ram gave a memorandum (Ex. P-12) and in pursuance of that one bamboo stick was seized under Ex. P-13. The blood stained soil was seized from the room of accused Raj Kumar under Ex. P-14 and the soil of the place of incident was seized under Ex. P-15. On 6-6-94 one lamp made of solution box and three half burnt match sticks were seized under Ex. P-8. Broken bangle pieces were also seized under Ex. P-9. The clothes of Ramola Bai were seized under Ex. P-16. All these articles were sent for chemical examination from where report (Ex. P-24) was received. After completion of the investigation, charge-sheet was filed against the accused/appellants for the commission of the offences punishable under Sections 302 and 201 of the IPC.

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