PODYAMI SUKADA Vs. STATE OF MP

JUDGEMENT

(1.) This appeal, by grant of leave arises from the judgment and order dated 22nd June, 2005 passed by the Chhatisgarh High Court in Criminal Appeal No. 936 of 2000, whereby it had upheld the conviction of the appellant under Section 302 of the Indian Penal Code and punishment of life imprisonment inflicted by Order dated 18th February 2000, passed by the First Additional Sessions Judge, Bastar in Sessions Trial No. 45 of 2000.

(2.) According to the prosecution, on 9th December, 1999 Madvi Pali, went to the house of Madvi Mase to borrow money and when she reached there, she found her dead. She informed PW.1, Madvi Rama about the incident. Madvi Rama went to the house of Madvi Mase and found her dead with wounds at different places on the body. PW.1, Madvi Rama, according to the prosecution, convened a meeting and on enquiry, the appellant confessed in the meeting that in the night of 8th December, 1999 his mother (deceased)-Madvi Mase scolded him alleging that he wanders after consuming liquor which enraged him and he picked up a burning wooden plank and assaulted her which caused her death. On the basis of what has been disclosed in the meeting PW.1 Madvi Rama gave report to the Police Station, Tongpal.

(3.) On the basis of the aforesaid information, a case under Section 302 of the Indian Penal Code was registered against the appellant. During the course of investigation inquest report of the dead body was prepared in the presence of the witnesses and the dead body sent to Primary Health Centre, Tongpal for postmortem examination. Dr. S.L. Dhangar(PW.5), a Civil Assistant Surgeon, posted at the Primary Health Centre, Tongpal conducted the postmortem examination and found a large number of burn injuries on the person of the deceased and in his opinion the death had occurred due to shock on account of burn injuries. PW.6, P.L. Nayak, the Investigating Officer of the case arrested the appellant during the course of investigation and on his statement, the wooden plank, alleged to have been used in the commission of the crime, was recovered.