BAIDAR ALAMI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) of CrPC has been preferred by the appellant herein assailing the impugned judgment dtd. 09/07/2015 passed by learned Session Judge, South Bastar, Dantewada in Sessions Trial No. 91/2013 whereby he has been convicted for offence punishable under Sec. 302 of IPC and sentenced to undergo imprisonment for life.

(2.) Case of the prosecution, in brief, is that on 30/12/2012 at about 8 PM, at the house of Smt. Rambati (P.W.-2) at Village Koyam within the ambit of P.S. Barsur, District Dantewada, the appellant, with the intention of causing death of his wife Smt. Dippebai, assaulted her with tangi, on the ground that without taking his permission and without informing him she went to her matrimonial home, and caused grievous injury on her back near her vertebral column due to which she died instantaneously and thereby, the appellant committed the aforesaid offence.

(3.) Further case of the prosecution is that the marriage of deceased Dippebai was solemnized with the appellant ten years prior to the date of the offence and they had no issue. The appellant, under influence of liqour, used to assault the deceased frequently. On the date of the offence i.e. on 30/12/2012, deceased Dippebai had come to her mother's home and told her mother Smt. Rambati (P.W.-2) that appellant used to assault her after drinking alcohol and after taking their meals, both deceased as well as Smt. Rambati (P.W.-2) were about to sleep when at about 8 PM, appellant came to his in-laws' house armed with a tangi and after angrily asking his wife (deceased) as to how did she come here without his permission or without informing him, he inflicted a single blow on the back of Dippebai below her neck due to which she died instantaneously. Smt. Rambati (P.W.-2) tried to intervene but appellant also tried to assault and kill her and only when she started shouting loudly, the appellant absconded from the spot. Thereafter, Smt. Rambati (P.W.-2) informed her neighbours Baldev (P.W.-3) and Lakhmuram (P.W.-7). When both of them reached the spot, they noticed the dead body of Dippebai. Rambati's husband Bodiram (P.W.-1) had gone to village Harrakoder at the time of the incident and she informed him about the same when he returned home. Thereafter, a meeting was convened in the village and on 01/01/2013 at about 07:20 AM, Smt. Rambati (P.W.-2) registered merg intimation at the Police Station vide Ex. P/13 and lodged first information report against the appellant for offence punishable under Sec. 302 of IPC vide Ex. P/12. The Investigating Officer, Manish Singh Parihar (P.W.-11), after getting the dead body identified, proceeded to conduct inquest vide Ex. P/16 and subjected the dead body to postmortem, which was conducted by Dr. Sudam Das (P.W.-12) and as per the postmortem report (Ex. P/21), cause of death is said to be massive hemorrhage as a result of incised wound on the back of vertebral column and the nature of death is homicidal. Thereafter, pursuant to memorandum statement of the appellant vide Ex. P/5, recovery of blood stained tangi was made at the instance of the appellant vide Ex. P/6. The said tangi was sent to Dr. Sudam Das (P.W.-12) for query as to whether the injury suffered by the deceased could have been caused by the said tangi and as per the query report (Ex. P/22), the Doctor has opined that the injury suffered by the deceased could have been caused by the seized tangi. After due investigation, the appellant was charge-sheeted for offence punishable under Sec. 302 of IPC which was committed to the Court of Session for trial in accordance with law.