KHALAVAN KURRE ALIAS BHAKLA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) of CrPC is directed against the impugned judgment of conviction and order of sentence dtd. 31/01/2014 passed by learned Sessions Judge, Raipur in Sessions Trial No. 26/2013 whereby the appellant/accused has been convicted for offence under Ss. 302 and 309 of IPC. For offence punishable under Sec. 302 of IPC, he has been sentenced to life imprisonment and fine of Rs.5,000.00 in default of payment of fine amount, additional R.I. for five months and for offence punishable under Sec. 309 of IPC, he has been sentenced to R.I. for one year and fine of Rs.1,000.00 and in default of payment of fine amount, further R.I. of one month.

(2.) The case of the prosecution, in brief, is that on 02/07/2012, the appellant/accused murdered his wife (kept) by an axe and thereafter, tried to commit suicide by cutting himself with a razor blade and thereby, committed the aforesaid offences.

(3.) It is admitted position on record that appellant's legally wedded wife namely Jaswantinbai was living separately along with their children whereas the appellant used to stay with his second wife (kept) namely Parniyabai.