SHYAMLAL NAG Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) of the CrPC is directed against the impugned judgment of conviction recorded and sentence awarded by the learned Additional Sessions Judge by which the appellant has been convicted for offence under Sec. 302 of the IPC and sentenced to undergo imprisonment for life and pay fine of ? 100/-, in default, to further undergo additional rigorous imprisonment for one month.

(2.) Case of the prosecution, in brief, is that on 30/1/2015, between 5 p.m. and 7 p.m., at Village Degalras, Markanar, Thothapara, the appellant assaulted his wife Rambati by bamboo stick and crowbar by which she died, and thereby committed the offence. Further case of the prosecution is that on 30/1/2015 at 4-5 p.m., Sukhram Nag (PW-10) returned back from forest after collecting wood, then he noticed that the appellant herein in inebriated condition, was assaulting his wife by bamboo stick upon which the appellant was asked not to do so by Bablu Nag (PW-2), Shivram Nag (PW-3) and Sukhram Nag (PW-10), whereupon the appellant threatened them and somehow, they absconded from the spot. Blood was oozing from the head of deceased Rambati and on account of injury suffered by her, she died. On the report of Sukhram Nag (PW-10), morgue intimation vide Ex.P-11 was registered and thereafter, first information report Ex.P-12 was registered. Shav panchnama was prepared vide Ex.P-4 and on the recommendation of panchas, the dead body was sent for postmortem which was conducted by Dr. Smt. Madhuri Shandilya (PW-7) vide postmortem report Ex.P-9 in which cause of death was stated to be due to cardio respiratory failure caused by internal cerebral haemorrhage in case of fracture of skull bone and death was homicidal in nature. Thereafter, pursuant to the disclosure statement Ex.P-1, bloodstained bamboo stick and crowbar were recovered vide Ex.P-2 and the same were sent for forensic examination to the Regional Forensic Science Laboratory, Jagdalpur from where the FSL report Ex.P-17 was received in which human blood was found on T-shirt, kambal, plastic mat and soil.

(3.) Statements of the witnesses were recorded under Sec. 161 of the CrPC. After due investigation, the accused / appellant was charge-sheeted for offence under Sec. 302 of the IPC and charge-sheet was filed before the jurisdictional criminal court and the case was committed to the Court of Sessions for conducting the trial and hearing and disposal in accordance with law.