BALAK RAM MANJHI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) of CrPC has been preferred against the impugned judgment dtd. 24/11/2015 (Annexure A/1) passed by learned Sessions Judge, Raigarh in Sessions Trial No.87/2015 whereby the appellant has been convicted for the offence under Sec. 302 of I.P.C. and Sec. 25 and 27 of the Arms Act.

(2.) Case of the prosecution, in brief, is that on 16/4/2015, at about 7:00 A.M. at village Pahadludeg, P.S. Lailunga, District Raigarh, the appellant assaulted his wife Guruwari Manjhi by farsa and caused her death alleging that she is not taking care of his house and not cleaning it properly and thereby, he committed aforesaid offences.

(3.) Further case of the prosecution is that on 16/4/2015, at about 8:15 P.M., Jiyat Ram Manjhi (PW-4) lodged a report in the Police Station Lailunga against the appellant for offence under Sec. 307 of I.P.C. vide Ex.P-14 and thereafter, the wheels of investigation started running. Counter nalasi was registered vide P-17 and information was received from the Community Health Centre Lailunga on 16/4/2015 itself that Guruwari died pursuant to which merg intimation was registered vide P-18 and thereafter, the inquest was conducted vide Ex.P-7 and dead body was sent for post mortem which was conducted by Dr. Manoj Patel (PW-3). As per the post mortem report (Ex.P-10) the cause of death is neurogenic shock due to injury over parietal region of skull bone and the nature of death was homicidal. Pursuant to memorandum statement of the appellant vide Ex.P-2, blood stained farsa was recovered from the Kitchen of the appellant and seizure was made vide Ex.P-3. It was sent for FSL vide Ex.24 and 25 but FSL report was not brought on record. Thereafter, the statement of the prosecution witnesses were recorded and after due investigation the appellant was charge sheeted for the aforesaid offences which was committed to the Court of Session for hearing and disposal in accordance with law.