DHARAM SAI RAJWAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 13.9.2006 passed by the Additional Sessions Judge (FTC} Surajpur in Sessions Trial No. 55/ 2006 convicting the accused/appellant under Section 304 (Part-I) of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for ten years and pay fine of Rs.500, in default of payment of fine to further undergo rigorous imprisonment for one month.

(2.) Case of the prosecution in brief is that on 5.12.2005 merg intimation Ex. P12 was given by Ram Bhajan (PW1) in police out post Bhatgaon which was later on transferred to police station Pratappur and recorded as Ex. P3. By this merg intimation it was informed by said Ram Bhajan (PW1) that deceased Buddhi Bai was married to the present appellant and that on 4.12.2005 accused/appellant had come to his house and informed that on account of being abused by the deceased he assaulted her with club as a result of which she fell down in the thrashing field and died. Merg intimation further states that at the time when accused/appellant confessed his guilt, Ram Chandra (PW2) and one Hukum Sai were also present. It also mentions that both Ram Bhajan and Ram Chandra (PW1 and PW2 respectively) had gone to the house of the accused/appellant and saw the dead body of the deceased. Based on this merg intimation, FIRs Ex. P13 and Ex.P4 were registered at police out post Bhatgaon and Police Station Pratappur respectively for the offence under Section 302 IPC vide Crime No. 263/2005. After investigation challan was filed on 23.12.2005.

(3.) So as to hold the accused/appellant guilty, prosecution has examined 9 witnesses in support of its case. Statement of the accused/appellant was also recorded under section 313 of the Code of Criminal Procedure in which he denied the charge levelled against him and pleaded his innocence and false implication in the case. This apart, one Shiv Narayan (DW1) has also been examined by the defence in support of its case.