SADHELAL SONWANI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This Criminal Appeal under Sec. 374(2) of Cr.P.C. has been filed against the impugned judgment of conviction and order of sentence dtd. 12/12/2012 passed in Sessions Trial No. 29/2012 by the learned Sessions Judge, Kabirdham, District Kabirdham (C.G.) whereby the learned trial court has convicted the appellant herein for the offence punishable under Sec. 302 of I.P.C. and sentenced him to life imprisonment and fine of Rs.1000.00 and in default of payment of fine amount, further rigorous imprisonment for 6 months.

(2.) The case of the prosecution, in brief, is that on the intervening night of 26/27/4.2012 the appellant committed murder of his wife Gotimbai, with the use of axe.

(3.) Further case of the prosecution, in brief, is that Santan (P.W. 1), who is the father of the deceased, lodged the FIR (Ex.P/1) at Police Station - Pipariya on 27/4/2012 at about 6:15 AM to the effect that the appellant herein had come to his house along with the deceased and their three children to attend the marriage. Further, Santan (P.W. 1) had advanced Rs.2.00 lakhs for selection of his son Manoj (P.W. 7) as Police officer, however, his son could not get selected, and therefore he demanded the money back. In night of 26/4/2012, the deceased also asked the appellant herein to refund the said amount, due to which quarrel took place between them. On 27/4/2012, in morning hours, the wife of Santan (P.W. 1) apprised him that the deceased is lying dead. Santan (P.W. 1) also went to the spot and saw the deceased dead lying face up on the earth and the blood stained axe (tangiya) was also kept near her dead body. The appellant was missing from the house; therefore, Santan (P.W. 1) on the basis of strong suspicion lodged the FIR (Ex.P/1) against the appellant herein.