GHOGHRA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal preferred by the appellant/accused herein under Sec. 374(2) of the CrPC is directed against the impugned judgment dtd. 5/5/2016 passed by the Additional Sessions Judge (F.T.C.), Surguja (Ambikapur), in Sessions Trial No. 371/2011, by which the appellant herein has been convicted for offences under Ss. 302, 323 and 324 of the IPC and sentenced to undergo imprisonment for life and fine of Rs.1000.00, in default of payment of fine to further undergo simple imprisonment for one month, rigorous imprisonment for one year and fine of Rs.1000.00, in default of payment of fine to further undergo simple imprisonment for one month and and rigorous imprisonment for one year and fine of Rs.1000.00, in default of payment of fine to further undergo simple imprisonment for one month.

(2.) Case of the prosecution, in brief, is that on 15/5/2011 at 8-9 p.m. at village Purkela, P.S. Lundra the appellant came under the influence of liquor and pushed his mother Fuleshwari Bai (since deceased) and also abused his wife Budhiyaro (PW-3) and caused simple injuries to her by dangerous weapon and thereby committed the offence. It is further case of the prosecution that on 15/5/2011 at 8-9 p.m. when Budhiyaro (PW-3) and her mother-in-law deceased Fuleshwari Bai were about to sleep after having their meal, the accused/appellant came under the influence of liquor and started abusing his wife Budhiyaro (PW-3) and his mother deceased Fuleshwari Bai on the pretext of not serving food and he pushed his mother Fuleshwari Bai, by which she fell down and suffered injuries. Fuleshwari Bai was taken to Primary Health Centre, Raghunathpur on 17/5/2011 and thereafter she was shifted to Government Hospital, Ambikapur where she died on 20/5/2011. The appellant has also assaulted his wife Budhiyari (PW-3) by stick and knife, by which she suffered injuries, which was intervened by Sardodin and Chantidihan (PW-7). FIR (Ex.P-3) was lodged by Nanka (PW-2). The appellant/accused was arrested on 30/6/2011 vide Ex.P-11. Fuleshwari Bai was medically examined vide Ex.P-13. Stick and knife were seized from Budhiyaro vide Ex.P-16. Inquest was conducted vide Ex.P-4. Dr.Amupam Minz (PW-8) conducted postmortem of deceased Fuleshwari Bai vide Ex.P-9 and opined that mode of death was coma due to head injury. During the course of investigation, merg intimation being Merg No.15/2011 was recorded vide Ex.P-2A. After completion of investigation, the charge-sheet was filed before the Court of Judicial Magistrate First Class, Ambikapur, who in turn, committed the case to the Court of Sessions, Surguja (Ambikapur), from where the Additional Sessions Judge (F.T.C.), Ambikapur (Surguja) received the case on transfer for trial. The accused abjured the guilt and entered into defence.

(3.) In order to bring home the above-stated offence, the prosecution examined as many as 14 witnesses and exhibited 20 documents. However, the appellant examined none in his defence and no document has been produced to support his case.