GHURAN SAI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 13-4-2005 passed by the IInd Additional Sessions Judge, Surajpur, Dist. Sarguja in Sessions Trial No. 511/2004, whereby and whereunder learned IInd Additional Sessions Judge after holding the Appellant guilty for commission of culpable homicide of Ramo Bai amounting to murder, convicted him under Section 302 of the Indian Penal Code and sentenced him to undergo imprisonment for life and to pay fine of Rs. 1000/-, in default of payment of fine to further undergo RI for six months.

(2.) Conviction of the Appellant is impugned on the ground that without there being any iota of evidence, the Trial Court has convicted and sentenced the Appellant as aforementioned and thereby committed illegality.

(3.) As per case of the prosecution, on the fateful intervening night of 9-5-2004 and 10-5-2004 at about 12.00 o'clock, present Appellant along with his wife Ramo Bai was present in his house. Present Appellant quarreled with his wife, thereafter he pressed her neck and caused her death. After causing death of his wife, Appellant fled away from the spot. On the next day morning when the mother of the Appellant did not find the wife of Appellant in the place where she was sleeping, she went to the room of the accused/Appellant and saw Ramo Bai lying dead on the ground. On seeing the incident she made a hue and cry, hearing which the brother and son of the Appellant came to the place of occurrence and informed the villagers about the incident. Karmu Ram (P.W. 2), elder brother of the Appellant went to Police Station, Ramanujnagar and lodged morgue vide Exh. P-1. First Information Report was recorded vide Exh. P-6. Investigating Officer left for scene of occurrence and after summoning the witnesses vide Exh. P-3 prepared the inquest vide Exh. P-5. Spot map was prepared vide Exh. P-2. Dead body of deceased Ramo Bai was sent for autopsy to Community Health Centre, Ramanujnagar where Doctor Dinesh Kumar Viswakarma (P.W. 4) conducted autopsy vide Exh. P-5 and found following injuries: