BALIRAM MANDAVI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) of CrPC emanates from the impugned judgment of conviction and order of sentence dtd. 22/04/2015 passed in Sessions Trial No. 2/2014 whereby learned Sessions Judge, North Bastar Kanker has convicted the appellant for offence punishable under Sec. 302 of IPC and sentenced him to life imprisonment and fine of Rs.3,000.00 in default of payment of fine additional R.I. for 1 year.

(2.) The case of the prosecution, in brief, is that on 22/09/2013 at about 12 noon at Village Badal, P.S. Narharpur, the appellant herein assaulted his sister in law Sagantin bai (wife of his brother Budharuram - P.W. 13) with a wooden stick on her head and caused grievous injuries due to which she died instantaneously and he thereby, committed the aforesaid offence.

(3.) Further case of the prosecution, in brief, is that on 22/09/201, deceased Sagantin bai was going to the canal to catch crabs along with her niece Ku. Priti, daughter of Jailal (P.W. 3) and Sagaro bai (P.W. 12), aged about 10 years and when she was crossing through the field of the appellant, he was sleeping in his badi (courtyard) and when the deceased abused him, the appellant collected wooden stick lying therein and assaulted the deceased and caused injuries on her head on account of which she fell to the ground and died immediately. Meanwhile, Ku. Priti (P.W. 5) ran away and told about the incident to her mother Sagaro bai (P.W. 12) and then to her father Jailal (P.W. 3) when he came home, who then informed about the incident to Arjun Singh Markam (P.W. 4).