DEVENDRA KUMAR SAHU 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. 07/08/2013 passed in Sessions Trial No. 175/2011 whereby learned 3rd Additional Session Judge, Bilaspur has though acquitted the co-accused persons namely Murarilal Sahu, Yogesh Kumar Sahu and Narmadabai Sahu from charges punishable under Ss. 302/34 and 304(B)/34 of IPC but has convicted the appellant herein for offence punishable under Sec. 302 of IPC and sentenced him to life imprisonment and fine of Rs.1,000.00 and in default of payment of fine further R.I. for three months.

(2.) The case of the prosecution, in brief, is that on 25/08/2011 at about 9:30 PM at village Khargahni, Distt. Bilaspur, the appellant herein along with three co-accused persons in furtherance of their common intention murdered Sarojini Sahu with an axe on the pretext of dowry and thereby, committed the offence.

(3.) Further case of the prosecution, in brief, is that complainant Yogesh Sahu (husband of the deceased) lodged a report at Police Station Kota that he works as a 'chowkidar' at Forest Department and on 25/08/2011 at about 08:00 AM, he had gone to work and his wife Sarojini Sahu was at home. At about 11:30 AM, he received a phone call from his younger brother Rajesh (though cited witness but not examined by the prosecution) that their brother Devendra (the appellant herein) has killed Sarojini Sahu and blood is oozing out of her neck. Upon asking, complainant Yogesh Sahu got to know that appellant had killed his wife Sarojini Sahu by assaulting her with an axe.