THAKUR RAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal filed by the appellant-accused under Sec. 374(2) of Cr.P.C. is directed against the impugned judgment of conviction and order of sentence dtd. 25/5/2018, passed by the Court of learned Additional Sessions Judge (Fast Track Court), Baikunthpur, District Koriya (C.G.), whereby the appellant-accused has been convicted for offence under Sec. 302 of IPC and sentenced to undergo life imprisonment with fine of Rs.200.00 and, in default of fine, additional imprisonment of 01 years.

(2.) The case of the prosecution, in brief, is that on 9/4/2017 between 07:00 AM to 11:00 AM, the appellant in his own house situated at Pandopara (Pandobasti) caused death of his wife- Shanti (deceased) by assaulting her by means of 'danda' (wooden stick) on her head and on other parts of the body and, thereby, committed the offence under Ss. 302 of IPC.

(3.) The further case of the prosecution, in nutshell, is that Faguram Korwa (PW-01) lodged Dehati Nalsi (Ex.P/01) by stating that: he is resident of Pandopara (Pandobasti) and used to do labour work; on 9/4/2017, at about 07:00 AM in the morning, while he was in his house, at that juncture his neighborer- Thakur Ram (appellant herein) was quarreling with her wife-Shanti (deceased) and when he visited to the house of the appellant for stopping their quarrel/fight, he came to know that the appellant under the influence of liquor was quarreling with his wife-Shanti, abusing her filthily words and assaulting her on the demand of food; thereafter, after stopping their quarrel/fight and making them understood, he went for his labour work; thereafter, at about 11:00 AM Munshi Javed Khan came and informed him that appellant in his own house has caused death of his wife by assaulting her by means of hand, fist (punches) and 'danda' and, thereafter, he visited the house of the appellant and saw dead-body of deceased- Shanti lying on the floor and other nearby peoples were also present there. On the basis of said 'Dehait Nalsi' (Ex.P/01), FIR (Ex.P/26) was registered against the appellant-accused. Inquest proceedings were conducted vide Ex.P/04. Spot map was prepared vide Ex.P/06 and marg. intimation was recorded vide Ex.P/07. The dead-body of deceased- Shanti was sent for postmortem examination and in the postmortem examination report (Ex.P/32), Dr. Shreshth Mishra (PW-10) opined that the cause of death is due to hypovolemic shock, excessive internal bleeding and the injuries caused such as: Hemoperitoneum, Ruptured Splenic Capsule, Spleen and Subdural Hematoma. Thereafter, appellant-accused was arrested vide Ex.P/15 and his memorandum statement was recorded vide Ex.P/12 and, pursuant to which, seizure of a blood stained wooden stick was affected vide Ex.P/13. Further, the said blood stained wooden stick which is said to have been recovered pursuant to the memorandum statement of the appellant-accused (Ex.P/12) was subjected to FSL examination and in the FSL report (Ex.P/25) it has been opined that only blood stains have been found on the said wooden stick and it is not clear whether said blood is human blood or not. Moreso, a Sari of deceased and a T-shirt of the appellant have also been seized by the police vide Ex.P/05 and Ex.P/14 respectively, which was also subjected to FSL examination, wherein it has been opined that human blood has been found on the said Sari and T-shirt. Thereafter, statement of witnesses were recorded and after due investigation, the police filed charge-sheet in the Court of Judicial Magistrate First Class, Baikunthpur, District Koriya (CG) and, thereafter, the case was committed to the Court of Sessions. The appellant/accused abjured his guilt and entered into defence.