PARDESHI KUJUR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This Criminal Appeal under Sec. 374(2) of the CrPC is directed against the impugned judgment of conviction recorded and sentence awarded by the learned Sessions Judge, Durg, District- Durg in Sessions Trial No. 24/2014 dtd. 23/12/2014 whereby the appellant has been convicted for the offence punishable under Sec. 302 of the IPC and sentenced to undergo imprisonment for life and to pay fine of Rs.100.00, in default, to further undergo additional rigorous imprisonment for one month.

(2.) Case of the prosecution, in brief, is that deceased Renuka Thakur was the wife of the present appellant. They got married in the year 2011 and the deceased was working on the post of nurse. On 17/10/2013 at about 19.30 hrs., the appellant went to the Police Station and informed Sub-Inspector Brajesh Kushwaha (PW/11) to the effect that he was having suspicion over the character of his wife and on the date of incident at about 5.15 PM, he committed murder of his wife by strangulation using her saree and dead body is lying in his house. On such information, the Police registered Crime No.148/2013 and pursuant to which FIR vide Ex.P/16 at 09.40 hrs. was registered. Merg intimation vide Ex.P/17 was recorded and information was also reduced in writing in Roj Namcha Sanha. Notice was issued to the pancha witnesses vide Ex.P/9 and inquest was conducted vide Ex.P/10. Dead body was sent for postmortem vide Ex.P/1A and the same was conducted by Dr. Dhanwantari Prasad Thakur (PW/1) along with his assistant doctors and its report is Ex.P/1. Site plan was prepared vide Ex.P/8. The appellant was taken into custody and his memorandum statement was recorded vide Ex.P/6 and on his instance two sarees, one rope and one axe were seized vide Ex.P/7. The statement of the witnesses was recorded and appellant was arrested vide Ex.P/19. After completion of the investigation, charge-sheet was filed before the Judicial Magistrate First Class, Durg and same was committed to the Sessions Court, Durg for hearing and disposal in accordance with law.

(3.) The learned trial Court framed charge for the offence punishable under Sec. 302 of the IPC on 4/3/2016. The appellant abjured the charge and pleaded innocence. The prosecution examined 11 witnesses and exhibited 25 documents and other articles in support of its case. The statement of the accused/appellant was recorded under Sec. 313 of the Cr.P.C.