LAXMINARAYAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) of CrPC has been preferred by the appellant/accused against the impugned judgment dtd. 08/03/2021 passed by learned Additional Sessions Judge, Gariyaband in Sessions Case No. 01/2019 whereby he has been convicted for offence punishable under Sec. 302 of IPC and sentenced to undergo imprisonment for life with fine of Rs.1,000.00 and in default of payment of fine additional R.I. for one year.

(2.) Case of the prosecution, in brief, is that on 17/10/2018 at about 09:10 PM at village Dhobipara, the appellant herein, with the intention of causing death of his wife Kaushilya Bai, assaulted her with a wooden stick (sal) and caused her death by inflicting injuries on her head, legs and back and thereby, committed the aforesaid offence.

(3.) Further case of the prosecution, is that, on 19/10/2018, Tihar Singh (P.W.-9) informed at Police Station that on 17/10/2018, his sister Kaushilya Bai had gone alongwith her husband (appellant) to the house of her elder sister Ramkunwar Bai (P.W.-3) at village Dhobipara. At night, Kaushilya Bai was sleeping outside the house when at about 09:10 PM, appellant asked her to sleep with him inside the house, but she refused and on that account, out of anger, the appellant assaulted her with wooden stick and inflicted grievous injuries and thereafter, he did not take her to a hospital due to which she succumbed to death on 18/10/2018 at 12 noon.