DHANESH YADAV Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is preferred against the judgment dated 24 th of December, 2018 passed by 5th Additional Sessions Judge, Bilaspur (C.G.), in Sessions Trial No.53/2018 wherein the said Court convicted the appellant for charge under Section 307 of Indian Penal Code, 1860 and sentenced him to undergo R.I. for 5 years with fine Rs. 500/- with default stipulation.

(2.) In the present case, name of the victim is Chandrika Bai (PW- 11). She is wife of the appellant Dhanesh Yadav. As per version of the prosecution on the date of incident i.e 28 th of January, 2018. The appellant left the victim in her parental house on 21st of January, 2018. He came there on 28th of January, 2018 for taking her back to his house and when the victim requested that due to her illness she wants to stay for a week in her parental house then the appellant assaulted on her head by axe and flee away from there. Thereafter, the matter was reported and after investigation the appellant was charge-sheeted and the Court convicted as mentioned above.

(3.) Learned counsel for the appellant submits that prosecution witnesses have not supported the version of the prosecution therefore, version of the complainant has not corroborated and same is not dependable. Though, Dr. Prakash Ghodeshwar (PW-3) who examined the victim opined that injuries may be sustained by falling of the weapon and seizure witnesses have not supported the factum of seizure of axe from the appellant therefore, case of the prosecution is doubtful. The incident took place suddenly for house hold dispute between the husband and wife and there is no motive to cause death of the wife therefore, it is not a case under Section 307 of I.P.C. The trial Court has overlooked the contradiction and omission and improvement in the statements of the prosecution witnesses therefore, finding of the trial Court is liable to be set-aside.