MADAN LAL TANDAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal preferred by the appellant herein under Sec. 374(2) of the CrPC is directed against the judgment of conviction and order of sentence dtd. 26/5/2014 passed by the Additional Sessions Judge, Dhamtari in Sessions Trial No.45/2013, by which the appellant herein has been convicted for offence punishable under Sec. 302 of the IPC and sentenced him to undergo imprisonment for life and fine of Rs.200.00 , in default of payment of fine to further undergo R.I. for 3 months.

(2.) The case of the prosecution, in brief, is that on 6/10/2013 between 9 a.m. to 2.30 p.m. near Dodkinala Chipli Forest, P.S. Nagri, the appellant herein caused death of his wife Maheshwari and thereby committed the offence under Sec. 302 of the IPC. It is further case of the prosecution that the appellant herein used to suspect the character of his wife Maheshwari and used to quarrel with her on that account. On 6/10/2013 the appellant herein along with his wife Maheshwari and his sister Hem Bai (PW 6) had gone to Chipli forest (dodkinala kup No.8) for collecting wood for domestic purpose and after cutting wood and after bundling it, the appellant asked her sister Hem Bai (PW 6) to go back to village and he and his wife Maheshwari would follow and will come after sometime, but thereafter on account of illicit relationship of deceased Maheshwari with Om Prakash Tandon (PW 1) and other villagers, some quarrel took place between them and the appellant herein has assaulted his wife Maheshwari by axe over her neck twice by which she suffered grievous injuries and died instantaneously. Omprakash Tandan (PW 1) after having inquired the matter from Hem Bai (PW 6) (father's sister) reported the matter to Police Station Nagri vide Ex.P 1. Thereafter inquest was conducted vide Ex.P 4. Spot map was prepared by the investigating officer vide Ex.P 2. Dead body of the deceased was sent for postmortem to Primary Health Center, Nagri, where Dr.D.R.Thakur (PW 9) conducted postmortem vide Ex.P 9 and opined that mode of death was coma due to cut of spinal cord and death was homicidal in nature. Thereafter, FIR was registered vide Ex.P 9"B" and the matter was taken into investigation. As per memorandum statement of the appellant (Ex.P 10), axe was seized vide Ex.P 11 and the accused was arrested vide Ex.P 13. Clothes of the appellant and the deceased were seized vide Ex.P 12 and Ex.P 15 and were sent for chemical examination to FSL, but FSL report was not brought on record. The appellant was charge sheeted in the Court of Judicial Magistrate First Class, Nagri, who in turn, committed the case to the Court of Session, Dhamtari, from where the Additional Sessions Judge, Dhamtari received the case on transfer for trial in accordance with law. The appellant / accused abjured the guilt and entered into defence.

(3.) In order to prove the prosecution case, the prosecution examined as many as 14 witnesses and exhibited 38 documents Exs.P 1 to P 38. Statement of the accused/appellant was recorded under Sec. 313 of the CrPC, in which he denied guilt. However, the accused has examined none in his defence.