SAMRIT Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 5.8.2015 passed by the Sessions Judge, Surguja at Ambikapur in Sessions Trial No.43 of 2015 convicting and sentencing the Appellant as under:

(2.) Case of the prosecution, in nutshell, is that Fulbasiya (deceased) was wife of the Appellant. Their marriage was solemnised 1 year prior to the incident. On 10.1.2015, the Appellant and the deceased visited the house of Basant (PW6) for celebration of Chherta festival. There they took meal and consumed liquor. After taking meal, other villagers, who had also gathered there for celebration of the said festival, returned. Since the deceased had got heavily drunk and was unable to walk, Basant (PW6) asked the Appellant and the deceased to stay at his house in the night. The Appellant did not agree to stay and dragging the deceased by her hair he took her towards the school. Thereafter, Basant (PW6) closed the door of his house and slept. In the next morning, dead body of the deceased was found beside the school. Shankar (PW1) informed about the death to Sukhsharan (PW5), brother of the deceased. Sukhsharan (PW5) went to the spot. He saw that the Appellant was sitting at the spot. On being asked, the Appellant told him that the deceased was heavily drunk and even on being asked by him she was not agree to return home and, therefore, he dragged her by her hair and he also assaulted her by his fists and kicks as a result of which she died. The matter was reported by Sukhsharan (PW5) on the basis of which First Information Report (Ex.P6) and Morgue Intimation (Ex.P8) was registered. Inquest proceeding (Ex.P3) was conducted. Post mortem examination over the dead body was conducted by Dr. Sanjay Singh (PW4). Post mortem report is Ex.P4. Statements of witnesses were recorded under Section 161 of the Cr.P.C. On completion of the investigation, a charge-sheet was filed against the Appellant. A charge under Section 302 of the I.P.C. was framed against the Appellant by the Trial Court.

(3.) To rope in the Appellant, the prosecution examined as many as 8 witnesses. Statement of the Appellant was also recorded under Section 313 of the Cr.P.C. in which he denied the guilt, pleaded innocence and false implication. No witness has been examined in his defence.