TULSARAM CHERWA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This is an appeal from jail. The High Court Legal Aid Committee has engaged Mr. Akhil Agrawal, Advocate, for representing the appellant.

(2.) This appeal is directed against the impugned judgment of conviction and order of sentence dated 30.06.2012 passed by the First Additional Sessions Judge, Manendragarh, place Baikunthpur District Koria, in Sessions Trial No. 14/2012 wherein and whereunder the appellant has been held guilty for commission of offence under Sections 302 IPC and sentenced him to undergo rigorous imprisonment for life imprisonment and to pay fine of Rs. 1000/- with default stipulations.

(3.) The prosecution case is that on 16.11.2011, a merg intimation was lodged in Police Station Sonhat by (PW-1) Jansai, who had been informed by one villager Rajkumar regarding death of Parvati, wife of appellant Tulsa, who went to the house of Tulsa, the appellant where he was disclosed by the appellant that his wife was complaining of pain in chest and abdomen and went to sleep after taking meals and when in the morning his wife did not get up then he checked up and found that she was dead. The informant was asked to inform the in-laws place at Jamgahna and also informed in the police station. Accordingly, merg (Ex.P-1) was lodged. Upon receipt of merg intimation at 8.30 PM in the night of 16.11.2011, the police arrived at the spot of the incident i.e. the house of the appellant on 17.11.2011 and prepared inquest on the dead body in Ex.P-8 after giving notice to witnesses. According to the prosecution, the dead body was found in the house of the appellant and according to inquest there were injuries seen on the dead body. The dead body was sent for postmortem which was conducted by Dr. R.P. Singh (PW-15) on 17.11.2011 itself. In the postmortem report (Ex.P-26), Doctor (PW-15) opined that the cause of death was head injury and hematoma. According to him, time which passed between death to postmortem was within one to two days and in his opinion, death was homicidal in nature. The appellant was subsequently taken into custody, FIR was registered, investigation was carried out. A club alleged to be used in assaulting the deceased was also seized and then upon completion of investigation, charge sheet was filed against the appellant alleging that in the intervening night 15-16/11/2011, the appellant murdered his own wife.