NETU DAS Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) of CrPC has been preferred by the appellant against impugned judgment dtd. 14/08/2012 passed in Sessions Trial No. 76/2011 whereby learned Sessions Judge, Kabirdham (Kawardha) has convicted him for offence punishable under Sec. 302 of IPC and sentenced to undergo life imprisonment with fine of Rs.1000.00 and in default of payment of fine, further R.I. for 6 months.

(2.) Case of the prosecution, in brief, is that on 12/09/2011 at Village Ranveerpur, the appellant herein committed murder of his wife Gayabai by inflicting injury on her neck with a pharsa and thereby, committed the aforesaid offence.

(3.) Further case of the prosecution is that on 13/09/2011 at about 04:30 AM, the appellant himself appeared at Police Station Sahaspur Lohara and informed that he doubted that his wife Gayabai was having illicit relations with one Gulab Sen of their village and on that account, on 12/09/2011 at about 10:30 PM, he woke up his wife from sleep and took her outside on the pretext of visting Sheetla temple. When they reached the tamarind tree near the field of Jawahar Tiwari, the appellant took out pharsa, which he had already hidden behind the tamarind tree, and inflicted a blow on her neck from behind due to which his wife Gayabai fell on the ground. Thereafter, he inflicted 34 blows on her neck and caused her death and after leaving Gayabai under the tamarind tree, he went to the Police Station.