BUDHWAR SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) of Cr.P.C. is directed against the impugned judgment dtd. 7/3/2017 passed by learned Additional Sessions Judge, Mungeli, District Mungeli, in Sessions Trial No.19/2015 by which the appellant herein has been convicted for the offence under Ss. 302 and 201 of I.P.C. and sentenced for life imprisonment with fine of Rs.500.00 and R.I. for 5 years with fine of Rs.200.00 respectively.

(2.) Case of the prosecution, in brief, is that on 18/1/2015 at 10 p.m. in the night, the appellant assaulted his wife by Spade by which she suffered injuries and died; thereby, the appellant has committed the offence under Sec. 302 of I.P.C. and he also committed the offence under Sec. 201 of I.P.C.

(3.) Further case of the prosecution is that on 24/1/2015 a report was lodged by Rama Baiga (PW-7) that on 18/1/2015 at about 10 p.m. the appellant under the influence of liquor while taking his meal started altercation and assaulted his sister Sukwati Bai by Spade in the back portion of his head by which she suffered grievous injuries, which was intervened by Lallu (PW-1), Rama (PW-7) and other villagers, but the appellant refused to take the injured to hospital for treatment pursuant to which she died after 4 days on 23/1/2015. On the report of Lallu (PW-1) Dehati Nalicy vide Ex.P-11 and merg intimation vide Ex.P-16 were registered. On the merg enquiry, it was revealed that appellant has assaulted his wife on the influence of liquor by Spade and thereby the FIR was registered vide Ex.P-19 and Naksha Panchnama by Ex.P-7 and Spot Map by Ex.P-3 was prepared. The bloodstained soil was seized by Ex.P-4 and pursuant to the memorandum statement vide Ex.P-5, one iron spade and clothes were seized vide Ex.P-6 and after panchnama of the dead body, it was sent for post mortem vide Ex.P-2 and the post mortem report (Ex.P-15) was proved by Dr. Jitendra Paikra (PW-10). Seized articles were sent for FSL and in the FSL report (Ex.P-16) no blood was found. Thereafter, the statements 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 Sessions for hearing and disposal in accordance with law.