CHANDAN SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THIS appeal arises out of the judgment and order dated 14.2.2007 passed by Sessions Judge, Kanker (North Bastar) in Sessions Trial No. 01/2006 convicting the accused/appellant under Section 302-IPC and sentencing him to undergo imprisonment for life and pay fine of Rs. 1000.00, in default of payment of fine to further undergo rigorous imprisonment for three months.

(2.) CASE of the prosecution in brief is that based on merg intimation Ex. P-2 given by Nand Kishore (PW-1) on 8.7.2006, FIR Ex. P.1 was registered against the accused/appellant for the offence under Section 302 IPC. It is alleged by Nand Kishore (PW-1) that on the date of incident at about 8.15 p.m. when he was in his house which is adjacent to that of the accused/appellant, elder daughter of the accused/appellant namely Urmila came there weeping and informed that her father (accused/appellant herein) had killed her mother. Thereafter, Nand Kishore (PW-1), his younger brother Kuber, mother Kamlabai and one Mannuram immediately went to the house of the accused/appellant and saw dead body of deceased Radhika Bai lying in a pool of blood and blood was oozing from her head. It is further alleged that since after the incident, accused/appellant was absconding with his second wife Kamin Bai and children. After completion of investigation, challan was filed by the police on 10.8.2006 against the accused/appellant for the offence under Section 302 IPC and subsequently the Court below also framed the charge under the same section.

(3.) AFTER hearing the parties, the Court below has convicted and sentenced the accused/appellant as mentioned in paragraph No.1 of this judgment.