BIKAU SINGH Vs. STATE OF CHHATTISGHARH

JUDGEMENT

(1.) THIS appeal is directed against judgment dated 28 -11 -2008 passed by Sessions Judge, Surguja (Ambikapur) in Sessions Trial No.370/2007. By the impugned judgment, accused/appellant Bikau Singh has been convicted and sentenced in the following manner with a direction to run the sentences concurrently: - <IMG>JUDGEMENT_490_CGLJ2_2013.jpg</IMG>

(2.) CASE of the prosecution, in brief, is as under : - Deceased Niru was wife of the appellant, and Azad Singh (PW -4) is son of the deceased and the appellant. On 11 -8 -2007, the appellant came to his house at about 7:30 pm and told the deceased to prepare food. She refused. At that time, she had consumed liquor. The appellant gave her beating, which caused injury on the person of the deceased and she became unconscious. Ultimately, she died. The appellant hanged the body of the deceased on the guarder to show that the death of the deceased was suicidal and made impression that the deceased committed suicide by way of hanging. The body of the deceased, showing all innocence, was taken to the hospital on 11 -8 -2007, where she was declared dead. A written intimation was sent to Police Station, Ambikapur where Merg Intimation (Ex.P -8) was recorded. The Investigating Officer reached District Hospital, Ambikapur, gave notice (Ex.P -2) to Panchas and prepared inquest (Ex.P -3) on the dead body of the deceased. The dead body of the deceased was sent for post mortem examination vide Ex.P -9. Crime No.372 of 2007 for the offences under Sections 302 and 201 IPC was registered vide regular First Information Report (Ex.P -12). Dr. K.R.Tekam (PW -7) conducted post mortem examination on the dead body of the deceased and gave his report (Ex.P -9), in which, he found -

(3.) SMT . Madhunisha Singh, learned Panel Lawyer for the State/respondent, supporting the impugned judgment, submitted that the conviction and sentence awarded by the learned Sessions Judge do not warrant any interference by this Court.