AAGARSAI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal is directed against the impugned judgment of conviction and order of sentence dtd. 20/02/2014 passed by learned Second Additional Sessions Judge, Surajpur in Sessions Trial No. 532/2011 whereby the appellant/accused has been convicted for offence under S. 302 of the IPC and he has been sentenced to life imprisonment and fine of Rs. 500/-?, in default of payment of fine amount, further imprisonment for one month.

(2.) The case of the prosecution, in brief, is that on 07/10/2011 at about 8:00 A.M., Tilaso bai, who is the wife of the complainant Bhaiyalal, went towards her field for cutting pulses when the present appellant/accused, who was also going towards the field for grazing cattle, assaulted Tilaso bai with the help of a bamboo stick due to which she fell to the ground and on account of sustaining injury, she became unconscious. The said incident was informed by P.W. ? 2 Sunil Bargah to P.W. ? 1 Bhaiyalal, husband of Tilaso bai, who immediately took Tilaso bai to Ramanujnagar Hospital from where she was further referred to Ambikapur Hospital but due to severe injury on the back of her neck, she succumbed to death on the way.

(3.) On the same day, i.e. 07/10/2011, at the instance of Bhaiya lal (P.W. ?1), husband of the deceased, merg intimation (Ex. P/1) was registered and First Information Report (Ex. P/2) was lodged at Police Station Ramanujnagar, Distt. Surajpur and offence under S. 302 of the IPC was registered against the present appellant/accused Aagarsai and thereafter, the wheels of investigation started running. Inquest report (Ex. P/4) was prepared in the presence of four witnesses and pursuant to the memorandum of the appellant/accused (Ex. P/6), the bamboo stick was recovered from him vide Ex. P/7 in the presence of the witnesses. The dead body of the deceased was sent for postmortem and as per the postmortem report (Ex. P/13), the cause of death is shown to be shock due to internal hemorrhage and the nature of death is said to be homicidal. After due investigation, charge sheet was filed against the appellant/accused by the jurisdictional police for offence under S. 302 of IPC. The appellant/accused abjured guilt and entered into defence.