TARAN KUMAR Vs. STATE OF C.G.

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 31-10-2007 passed by Additional Sessions Judge, Dhamtari, in Sessions Trial No. 48/2006, whereby and whereunder learned Additional Sessions Judge after holding the appellant guilty for commission of culpable homicide amount to murder of wife Hemin Bai, convicted him under Section 302 of the IPC and sentenced him to undergo imprisonment for life and to pay fine of Rs. 500/-, in default of payment of fine to further undergo R. I. for three months. Conviction of the appellant is impugned on the ground that without any iota of evidence, the court below has convicted and sentenced the appellant as aforementioned and thereby committed illegality.

(2.) As per case of prosecution, on fateful date of 12-6-2006 at 12.00 pm, appellant and his wife Hemin Bai were present in kitchen garden. Appellant assaulted over the head of his wife by Kudali and caused her instantaneous death. When children shouted, PW/1 Samara, father of the appellant and other persons residing in the vicinity rushed to the spot. Appellant also chased the other persons who came there and he was caught hold and tied with a rope by the villagers.

(3.) PW/1 Samaru, father of the appellant lodged Dehati Nalisi vide Ex. P/2 and merg vide Ex. P/1. Information was given to Police Station by telephone that at village Mandraud i. e. , place of incident somebody killed his own wife and was moving as insane. Investigating Officer left for scene of occurrence. After summoning the witnesses, inquest over the dead body was prepared vide Ex. P/3, blood stained soil and plain soil were seized from the spot vide Ex. P/5, blood stained Kudali was recovered vide Ex. P/6, spot map was prepared vide Ex. P/8. Accused was arrested on the same day vide Ex. P/12. Dead body of deceased was sent for autopsy to community health centre, Kurud vide Ex. P/19-A, where Dr. Uma Shankar Navratna (PW/14) conducted autopsy vide Ex. P/19 and found the following injuries: