MILAN SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is heard through Video Conferencing.

(2.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 28.08.2012 passed by learned Sessions Judge, Rajnandgaon (C.G.) in Sessions Trial No. 55 of 2011, whereby appellantMilan Sahu stands convicted under Section 302 of IPC for committing murder of his wife namely Shashilata Sahu and sentenced to undergo life imprisonment and fine of Rs.5,000/-, in default of payment of fine to further undergo additional rigorous imprisonment for one year.

(3.) Facts of the case in brief are that appellant Milan Sahu is a resident of village Lakholi and he was residing in his father's house and deceased Shashilata was his neighbour. Both appellant and the deceased were having affair and they performed love marriage. One daughter Dimple, aged about 1 1/2 years was born out of their wed-lock. On some ideological differences, there was dispute between the appellant and the deceased and they decided to live separately. On 31.03.2011, an agreement was executed before Notary N.P. Swarnkar (PW-3) by the appellant and the deceased for living separately. Thereafter, in the evening of 31.03.2011, the deceased left the house of the appellant and was residing in her parents' house which was situated in the same locality. On 01.04.2011, the deceased was called by the appellant to his house for making search of his identity card. When the deceased went to the house of the appellant, the appellant took him in a room and closed the room from inside, and gave repeated adze (basula) blows to the deceased as a result of which she sustained multiple serious injuries. Helas Sahu (father of the appellant) was shouting that the appellant was beating his wife. On hearing this, PW-7 Kumari Bai alongwith her neighbours namely PW-2 Jugnu, PW-9 Rohit, PW-10 Oman, PW-4 Yashwant Sahu and PW-8 Yogeshwar Sahu reached the house of the appellant and at that time, the room of the appellant was closed from the inside. They broke open the door of the room of the appellant and saw that the deceased was lying on the cot in a pool of blood in unconscious condition and the appellant was sitting in the corner of his room with adze (basula) in his hand. Thereafter, they took the deceased to District Hospital, Rajnandgaon where Doctors having examined the deceased, declared her dead.