KARTAM DEVA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal has been preferred by the accused under Sec. 374 (2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Cr.P.C.) questioning the legality and propriety of the judgment and order dtd. 1/7/2015 passed by the Court of learned 2nd Additional Sessions Judge, South Bastar Dantewada in Sessions Trial No.244/2013, whereby the appellant has been convicted for having committed the offence of murder of his wife ' Kartam Dule under Sec. 302 of the Indian Penal Code, 1860 (for short, the IPC) and sentenced to undergo rigorous imprisonment for life and fine of Rs.100.00 and, in default of fine, has to suffer additional simple imprisonment of one month.

(2.) Briefly stated the case of the prosecution is that on 19/7/2013 at 5.00 pm, the appellant ' Kartam Deva has assaulted his wife ' Kartam Dule with the aid of axe, owing to the dispute regarding preparation of food. On account of the alleged assault, said Kartam Dule sustained serious injuries on her head and died. A report was lodged by Sodhi Joga, brother of the deceased on 20/7/2013, based upon the information which he received from Kartam Gangi and Sodhi Deva. On the strength of the said report, a merg intimation vide Ex.P.2 was registered and F.I.R. vide Ex.P.1 was also registered on 20/7/2013 by Police Station Dornapal under Sec. 302 of IPC in connection with Crime No. 10/2013. Inquest of the dead body was conducted on 19/7/2013 vide Ex.P.7 and spot map was prepared vide Ex.P.15. The dead body of the deceased was sent for autopsy on 20/7/2013, which was conducted by Dr.P.N.Shandilya, who opined vide his report (Ex.P.16) that the cause of death was due to shock owing to forceful head injury as right temporal bone of the deceased was fractured which led to brain haemorrhage and excessive loss of blood. The cause of death was thus opined by him to be homicidal in nature. An axe with bloodstained, alleged to have been used, was recovered from the house of the appellant on 20/7/2013 vide seizure memo (Ex.P.5), based upon his disclosure statement made on 20/7/2013. The alleged article along with others were sent for its chemical examination where blood was found on the alleged axe vide F.S.L. report (Ex.P.18). The appellant was arrested and the statement of the witnesses were recorded and, after due investigation, the appellant was charge-sheeted for the commission of offence punishable under Sec. 302 of IPC and the final report was accordingly submitted by the Investigating Officer before the Judicial Magistrate First Class, Konta, District Sukma, who in turn has committed the case to the Court of Sessions in exercise of the powers enumerated under Sec. 209 of Cr.P.C. for its trial. The appellant has denied the charges so framed and claimed to be tried.

(3.) In order to bring home the guilt of the appellant, the prosecution has examined as many as 11 witnesses and produced 19 documents while the appellant, by taking a plea of alibi, has examined one witness, namely Kavasi Deva (D.W.01) in his defence.