NAVADHAR PRASAD RATHOD Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction & order of sentence dated 31/1/2001 passed by the Sixth Additional Session Judge, Bilaspur in Sessions Trial No. 335/2000, whereby & whereunder learned Sixth Additional Session Judge after holding the appellant guilty for commission of culpable homicidal death of deceased Laxmin Bai amounting to murder convicted under Section 302 of the Indian Penal Code and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 2000/-, in default of payment of fine to further undergo simple imprisonment for one year.

(2.) Conviction is impugned on the ground that without any iota of clinching and credible evidence, the Court below has convicted and sentenced the appellant as aforementioned and thereby committed illegality.

(3.) Case of the prosecution, in brief, is that deceased Laxmin Bai, wife of the appellant, was residing with the appellant at Deepika Colony, District Korba. Relation between wife and husband was not cordial, even in the year 1996-97 the deceased had lodged the report against the appellant relating to his misbehaviour and assault vide Ex. P/24, P/25, P/26 and P/27. On the fateful day of 14/6/2000 at about 9 p.m. appellant was present in his house situated at Deepika colony, Deepika, District Korba, deceased Laxmin Bai come into bed room of the appellant and quarreled with him, then the appellant assaulted his wife Laxmin Bai by hammer on her forehead, nose and temporal region, he pushed his wife on the bed and also strangulated her, his wife died, then he covered dead body of his wife by bed sheet, he also hanged his bloodstained shirt in his bed room and hidden bloodstained hammer on the gallery. Second day morning i.e. on 15/6/2000, the appellant