PREETAM LAL Vs. STATE OF C G

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 18-3-2005 passed by learned 3rd Additional Sessions Judge (FTC), Janjgir, in Sessions Trial No. 12/2005, whereby and whereunder learned Additional Sessions Judge, after holding the appellant guilty for causing culpable homicidal death amounting to murder of his wife, convicted the appellant under Section 302 of the IPC and sentenced him to undergo life imprisonment and fine of Rs.500/-, in default of payment of fine to undergo further R1 for two months.

(2.) Conviction of the appellant is impugned on the ground that without there being any iota of evidence, the court below has convicted and sentenced the appellant as aforementioned on the basis of evidence of hearsay witness Ganeshi Bai (PW/14) and thereby committed an illegality.

(3.) As per case of prosecution, on 14-10-2004 at about 11.30 a.m., on account of some dispute and quarrel, appellant assaulted his wife Dharmin Bai by club while she was working in her field and caused eight injuries, resulting into her instantaneous death. The incident was witnessed by Sadhram, son and daughter-in-law Ganeshi Bai (PW/14) and other relatives of the deceased and appellant