FIRTU RAM Vs. STATE OF C.G.

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 30.8.2007 passed by learned 1st Additional Sessions Judge, Balodabazar in S.T. No.318/2006, whereby and where under, the learned trial Court, after holding the appellant guilty of commission of offence under Section 302 of the IPC, has sentenced him to undergo imprisonment for life and to pay a fine of Rs.500/- and in default of payment of fine, to undergo R.I. for 2 months.

(2.) Prosecution case, in brief, is that on the date of incident, Sita Ram (P.W.1), heard voice of his aunt Dokari Bai, upon which, he went to her house, where he witnessed that the appellant was assaulting Dokari Bai by a stick. Appellant threatened Sita Ram. Where after, Sita Ram went back to inform the daughters of the deceased and villagers, who came on the spot and found Dokari Bai dead at the spot and injury on her head. Further case of the prosecution is that the appellant assaulted and murdered his wife by crushing her head with a piece of stone. Dehati merg intimation (Ex.P-10) and a formal merg report (Ex.P-11) were recorded and inquest over the body was prepared in the presence of villagers. First Information Report (Ex.P-16) was lodged in the Police Station-Bilaigarh at the instance of Sita Ram (P.W.1). In the FIR, it was stated that on 9.6.2006, when Sita Ram went to the house of the deceased on her cry for help, he found his uncle-Firtu beating his aunt - Dokari Bai and when he attempted to rescue her, the appellant threatened him and chased him, due to which, he ran away and, thereafter, villagers approached the place of incident. It has been stated that a child was also found at home, who was weeping. According to FIR, the appellant caused death of his wife by assaulting with stick and stone. The dead body was sent for postmortem. In the postmortem report, it was opined that cause of death is shock and hemorrhage due to injury over the head and face. Bony injury of thumb was also found. The doctor opined that the death was homicidal in nature.

(3.) After arrest of the appellant, memorandum under Section 27 of the Evidence Act was recorded and recovery of stick and stone was made. After holding usual investigation, recording statement under Section 161 of Cr.P.C. of the witnesses, charge sheet was filed before the Judicial Magistrate 1st Class, Balodabazar, which was committed to the Court of Sessions, Balodabazar. The same was transferred for trial to the 1st Additional Sessions Judge, Balodabazar, leading to registration of Sessions Trial No.318/06.