ROVIND Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) of CrPC has been preferred by the appellant herein assailing the impugned judgment dtd. 30/10/2014 (Annexure A/1) passed by learned Additional Sessions Judge Balodabazar, Distt. Balodabazar-Bhatapara in Sessions Trial No. 04/2014 whereby he has been convicted for offence punishable under Sec. 302 of IPC and sentenced to undergo imprisonment for life with fine of Rs.500.00 and in default of payment of fine, he has been sentenced to undergo S.I. for 50 days.

(2.) Case of the prosecution, in brief, is that on 11/10/2013 at about 03:00 PM at village Gidhpuri which comes within the ambit of P.S. Pallari, the appellant herein assaulted Vidya Kumari with a sickle and caused her death, thereby, committing the offence in question.

(3.) Further case of the prosecution is that appellant had a love affair with the deceased and on the date of the incident, at about 03:00 PM, deceased Vidya Kumari, along with her sister-in-law Yuvranibai (P.W.-2) and her sister Arti Banjare (P.W.-3), was getting ready to visit Dongardevi Temple/the fair organized therein but the appellant unauthorizedly entered her house and asked the deceased not to go to the said temple. Deceased Vidya Kumari refuted and asked the appellant with what authority he was stopping her and thereafter, the appellant, out of anger, dragged the deceased to his house in the presence of Yuvranibai (P.W.-2) and Arti Banjare (P.W.-3) and assaulted her with sickle and caused grievous injuries on her neck due to which she died instantaneously.