ROSHANLAL MARKAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Assailing the legality, correctness, judicial propriety of the impugned judgment of conviction and sentence dtd. 22/04/2015 passed in Sessions Trial No. 96/2014, by the learned Additional Sessions Judge, North Bastar Kanker (C.G.) (for short, 'the trial Court'), whereby the appellant has been convicted and sentence for life imprisonment and fine of Rs.2000.00 and in default of payment of fine additional imprisonment for three months was imposed, the appellant is before this Court in this Criminal Appeal under Sec. 374(2) of Criminal Procedure Code, 1973 (for short, 'CrPC').

(2.) The appellant was convicted for offence punishable under Sec. 302 of Indian Penal Code, 1860 (for short, 'IPC') on the allegation of committing murder of his wife Manju Markam at about 11.30 a.m. on 14/06/2014 at village Kodekurse. Facts of the case

(3.) The prosecution story in brief is that on 14/06/2014, appellant under the influence of liquor demanded money from his wife deceased Manju Markam. When deceased Manju Markam refused to pay the money, the appellant committed murder of the deceased by stabbing with scissors in her stomach which was kept in the home for cutting the cloths and ran away with the scissors. Thereafter, the deceased was admitted in the Christian Hospital, Bathena Dhamtari in seriously injured condition by the family members and during treatment at about 11.30 in the night on 15/06/2014 she died. After her death the Police City Kotwali, Dhamtari registered the merg intimation (Ex.P/9) and the postmortem of the dead body was conducted. On receipt of merg diary from Dhamtari, Police Station Kodekurse registered merg intimation (Ex.P/5) and First Information Report (Ex.P/6). During the investigation the appellant was arrested on 26/06/2014. On completion of the investigation, chargesheet was filed before the Judicial Magistrate First Class, Bhanupratappur and vide order dtd. 22/09/2014 the same was committed to the Sessions Court. The appellant was charged as aforesaid. He abjured the guilt and claimed to be tried. Prosecution in order to prove the case examined 13 witnesses and exhibited 16 documents. Statement of accused under Sec. 313 of CrPC was recorded. The appellant examined (DW1) Sagvanteen Bai in his defence. The trial Court after due appreciation of the evidence and material placed before it, convicted and sentenced the appellant as stated above vide impugned judgment dtd. 22/04/2015 which is challenged before this Court. Submissions on behalf of the appellant