VISHNU BHAVTE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal preferred under Sec. 374(2) of the CrPC is directed against the judgment of conviction recorded and sentence awarded by the learned Sessions Judge by which the appellant has been convicted for offences under Ss. 302 and 201 of the IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs.1,000.00, in default, to further undergo simple imprisonment for six months and to undergo rigorous imprisonment for three years and to pay a fine of Rs.500.00, in default, to further undergo simple imprisonment for one month, respectively.

(2.) The case of the prosecution, in brief, is that the appellant was staying along with this wife Devi (kept) at Bombay Awas, Jawahar Nagar, Quarter No.S-340, Police Station Jamul, Durg, Distt. Durg and on 24- 5-2012, he assaulted her by hands and fists and thereby strangulated her by the sari which she was wearing at that time and thereafter, in order to screen himself from the offence, he lodged report that she died on account of high fever, and thereby committed the offence. It is the further case of the prosecution that since the wife of the appellant had absconded leaving him, the appellant had kept Devi Telugu as his wife for last six months and they were living together at Quarter No.S- 340, Bombay Awas, Jawahar Nagar, Durg, and on 24/5/2012, at 11.10 p.m., he reported the matter to the police station that morning he had gone for earning his livelihood by rickshaw pulling and when he reached home at 4.30 p.m., his wife was found to be suffering from high fever, thereafter, he took her to the hospital where she was declared dead, as such, his wife died on account of high fever. On the basis of the information given by the appellant, the police registered morgue intimation No.37/2012 vide Ex.P-18 pursuant to which FIR was registered at Police Station Jamul for the offence punishable under Sec. 302 of the IPC vide Exs.P-16 and P-17. Thereafter, dead body was sent for inquest. Several injuries/abrasions were found on the body of the deceased and there was swelling near eyes and on neck. The body was sent for post-mortem examination which was conducted by Dr. Badri Narayan Dewangan (PW-6) vide Ex.P-10. Cause of death was asphyxia due to airway obstruction caused by antemortem strangulation.

(3.) Statements of the witnesses were recorded under Sec. 161 of the CrPC. The accused/appellant was arrested and thereafter, his memorandum statement was recorded vide Ex.P-7 and on that basis, the sari used in the commission of offence was recovered at his instance vide Ex.P-8. A query was also made to the doctor who opined that strangulation can be caused by the sari which has been seized.