PODHIYAM BHEEMA Vs. STATE OF C.G.

JUDGEMENT

(1.) The Appellant has preferred this appeal under Sec. 374 (2) of the Code of Criminal Procedure being aggrieved by the judgment of conviction and order of sentence dtd. 28/7/2016 passed by the Sessions Judge, South Bastar, Dantewada (C.G.), in S.T. No.338/2011, whereby the Appellant has been convicted under Sec. 302 of IPC & sentenced to undergo imprisonment for life.

(2.) Deceased is Hidme, wife of Appellant herein. Madvi Nanga (PW/3) is the brother of deceased Hidme and lodged FIR & Madkam Ganga (PW/5) is the son of deceased and appellant.

(3.) Case of the prosecution, in brief, is that on 22/9/2011 at about 5.30 pm, near Salwa Judum Para, Base Camp Dornapal, District Dantewada (now Sukma), some quarrel took place between the appellant and his wife deceased Hidme outside their house, in which the appellant gave a blow by crowbar on her head and thereby committed the offence. Further case of the prosecution is that on the very day at about 05.55 pm, merg intimation (Ex.P/5) was given by Madvi Nanga (PW/3), brother of the deceased, to the Police Station Dornapal that his nephew Madkam Ganga (PW/5) informed him that the appellant and deceased were quarreling. It was further informed that when he reached the house of appellant, he saw the quarrel and shouted to the appellant as to why he is beating deceased Hidme, thereafter, the appellant went inside the house, came with crowbar holding in his hand and gave solitary blow on the head of the deceased Hidme resulting her instantaneous death and thereafter, he ran away from the spot. Pursuant to the merg intimation (Ex.P/5), FIR (Ex.P/11) for the offence under Sec. 302 IPC was registered against the appellant. Thereafter, on 23/9/2011, inquest on the body of deceased was conducted vide Ex.P/11 and dead body was sent for postmortem examination to Primary Health Center, Dornapal, District Dantewada, which was conducted by Dr. M.V. Prakash Rao and gave his report (Ex.P/15) noticing deep laceration over left temporal and fracture of left temporal bone & Intra cranial hemorrhage present. The Autopsy Surgeon opined the cause of death of deceased to be intra cranial hemorrhage and blood loss due to hypovolemic shock. The postmortem report (Ex.P/15) was proved by Dr. P.L. Sandilya (PW/7) as the doctor conducting autopsy namely Dr. M.V. Prakash Rao had gone abroad.