MAHAR SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is filed under Sec. 374 (2) of Code of Criminal Procedure, 1973 against the judgment of conviction and order of sentence dtd. 1/6/2016, passed by the Sessions Judge, Rajnandgaon (C.G.) in Sessions Trial No. 75/2015, whereby the appellant Mahar Singh @ Maahar Singh stands convicted and sentenced as under:-

(2.) Case of the prosecution, in brief, is that Adursay (PW/8) lodged merg (Ex. P/10) on 29/7/2015 in police station Manpur at about 10.15 Hrs. to the effect that on 28/7/2015 at about 3 pm the accused assaulted his wife namely Bishay Bai with club (lathi) for not preparing food as a result of which she died. Thereafter, vide Ex. P/11 FIR was registered bearing Crime No. 58/2015 under Sec. 302 of IPC and investigation was conducted by the Investigating Officer (PW/11).

(3.) Vide Ex. P/4 inquest report (Naksha Panchayatnama) was prepared in the presence of witnesses. Spot maps were prepared by Patwari vide Ex. P/6 and by police vide Ex. P/7. Post mortem vide Ex. P/1 was conducted by PW/1 Dr. Mohan Lal Tikam, Medical Officer, Community Health Center, Manpur. The autopsy surgeon noticed wound of size 2x1/5x1/5 inch present below the left knee joint and multiple lacerated wounds at left side of the chest wall (precardial region), whole back, waist and whole hip. In his opinion, the cause of death was cardiorespiratory arrest due to internal laceration at heart, both lungs and spleen. According to the Dr. Mohan Lal Tikam, the injuries were caused by hard and blunt object and most probably, the death may be homicidal in nature. Vide Ex. P/15 the accused was arrested by police on 29/7/2015 at about 15.30 Hrs. Vide Ex. P/8 memorandum statement of accused was recorded and vide Ex. P/9 bamboo club and Harra wood were seized from the house of the accused. Vide Ex. P/12 clothes of the deceased were also seized by the police. The seized articles were sent for chemical examination to forensic laboratory. Vide Ex. P/16 human blood was found on samples 'B' and 'C' i.e. Saree and petticoat of the deceased but the same was not found on samples A1 and A2 i.e. clubs, seized from the accused. After completion of investigation, charge-sheet was filed by the police u/s. 302 of IPC and learned trial Court framed charge u/s. 302 of IPC against the appellant, who denied the same and prayed for trial.