DILIP KUMAR SAHU Vs. STATE OF C G

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment of conviction & order of sentence dated 29.08.2005 passed by the 2nd Additional Sessions Judge, (FTC) Mungeli District Bilaspur, in Sessions Trial No. 198/2004, whereby & where under learned 2nd Additional Sessions Judge after holding appellant guilty for commission of culpable homicide amounting to murder of his wife Manjulata (since deceased), convicted the appellant under Section 302 of the I.P.C. and sentenced to undergo imprisonment for life and to pay fine of Rs. 1,000/, in default of payment of fine to further undergo R.I. for 3 months.

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

(3.) DURING the course of investigation, appellant was taken into custody. One deck (tape-recorder) was recovered vide Ex.P/9. Viscera and clothes of deceased were seized vide Ex.P/11. Viscera were sent to FSL for examination vide Ex.P/17 and no chemical poison was found in the viscera.