Decided on December 23,2005



VIJAY KUMAR SHRIVASTAVA,J. - (1.) This appeal has been directed against the judgment of conviction and order of sentence passed by the Sessions Judge, Bilaspur, on 26-9-1991 in S. T. No. 172/1991 whereby the appellant has been convicted for committing the offence of murder punishable under Section 302 of the I.P.C. and sentenced him to undergo imprisonment for life.
(2.) Admittedly, Chandrika Bai a widow, whose husband died 3-4 years ago is the mother of the appellant. Appellant, his mother - Chandrika Bai, appellant's younger brother and his younger sister were living under a joint roof at village Lalkhadan. Deceased Bhagela was maternal brother of Milapa Bai. Bhagela was living with Milapa Bai and was working in a Spinning Mill along with Mipala Bai. In the intervening night of 19-20/11/1990 deceased Bhagela was sleeping in appellant's house. Milapa Bai in the early morning came to appellant's house to wake up Bhagela. When she entered the room she saw Bhagela lying dead in injured condition on a cot, in a pool of blood. She cried out and hearing her cry Dev Charan Sahu came who also saw the dead body of Bhagela lying on a cot inside the appellant's house, having Injury over his neck. Dev Charan went to the Police Station and lodged the first information report.
(3.) The prosecution story, in brief, is that widow Chandrika Bai had illicit relation with deceased as a result thereof she conceived and was carrying pregnancy for about 13 weeks, therefore, the appellant who was the son of Chandrika Bai in the intervening night of 19-20/11 /1990, when Chandrika Bai was not in the village, went to the house of deceased called the deceased to come to his house to sleep in the night. Therefore, deceased along with appellant came to appellant's house and remained in his house in the night. Milapa Bai and deceased both were working in a Spinning Mill. Milapa Bai had no issues, therefore, she kept the deceased and brought him up. In the morning she went to the appellant's house to wake up Bhagela so that they may go to their job. She called the appellant and asked him to wake up Bhagela. Appellant told that Bhagela is sleeping in other room, therefore, she opened the door where she saw the dead body of Bhagela lying inside the room. The dead body full of blood was lying on a cot having injury on his neck and blood was flowing beneath the cot. On being informed by Milapa Bai, Dev Charan came to the spot, saw the scenario and thereafter went to the Police Station and lodged the first information report indicating his suspicion on the appellant as an author of the crime.;

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