SUNIL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal preferred by the appellant herein under Sec. 374(2) of the Code of Criminal Procedure is directed against the judgment of conviction recorded and sentence awarded by the learned Fourth Additional Sessions Judge, Bilaspur (CG), by which, he has been convicted for the offence under Sec. 302 of the IPC and sentenced to undergo imprisonment for life and further sentenced to pay a fine of Rs.100.00, in default, to further undergo additional imprisonment for one month.

(2.) Case of the prosecution, in brief, is that on 5/4/2009, at about 1:00 am, the appellant compelled deceased Kavita Patel to marry him and also compelled her to consume insecticide and thus, he abetted her to commit suicide. The appellant also tried to strangulate the deceased and thereby, he committed an offence under Sec. 306 and in alternative, an offence under Sec. 302 of the IPC. Further case of the prosecution is that the appellant and the deceased, both were having a love affair, but the marriage of the deceased was settled by the father of the deceased Navratri Lal Patel (PW-1) with some other person and the date of marriage was also fixed for 22/4/2009. In order to make arrangement for the marriage, the father and brother of the deceased had gone to village Amora on 5/4/2009. On the fateful day, deceased Kavita Patel was sleeping with her sister Savita Bai (PW-7). At late night i.e. at about 1:00 AM, when Savita Patel woke up, she could not find her sister Kavita Patel (deceased) sleeping next to her, on which, she immediately informed the fact of missing of her sister to her mother Krishna Bai (PW-2). Thereafter, on a search being made by Savita Patel and Kavita Bai, the dead body of Kavita Patel was found in the courtyard of one Basant Patel. The appellant was also found lying unconscious near the dead body of the deceased. Thereafter, on the next day, the deceased was brought to the CIMS Hospital, Bilaspur, from where, the information regarding the death of the deceased was sent to the concerned Police Station, on which, Thaleshwar Prasad Soni, Assistant Sub- Inspector (PW-11) registered the merg intimation vide Ex.P/10, prepared the inquest vide Ex.P/6 and thereafter, the dead body was sent for the postmortem examination, which was conducted by Dr. Dharmendra Kumar (PW-13). Initially, the Autopsy Surgeon opined that the cause of death is cardio- respiratory failure but thereafter, he reserved his opinion for ascertaining the cause of death after receipt of the viscera report. Hence, the viscera was preserved for chemical analysis. The viscera report dtd. 22/2/2012, though not exhibited, has been brought on record. Article A and B contained viscera of lungs, heart, liver, spleen, kidney + stomach, small intestine, large intestine, Article A, B, D, E contained organophosphorus insecticide "Triazophos" and Article F contained organophosphorus insecticide "Triazophos" and lethal insecticide Deltamathrin. During merg enquiry, from the place of the incident, the remains of the vomited substance having the smell of insecticide, one box of sweets and other articles were seized vide Ex.P/4. Plain soil and blood stained soil was also seized from the place of occurrence.

(3.) In pursuance to the statements of the relatives of the deceased and on the basis of suspicion that since the appellant wanted to marry the deceased and on her refusal, the appellant strangulated, administered poison and caused her murder, FIR- Ex.P/20 was registered.