SHIVSHARAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal preferred by the appellant, under Sec. 374(2) of CrPC, is directed against the judgment of conviction and order of sentence dtd. 10/6/2016 passed by Additional Sessions Judge, Ramanujganj, District Balrampur-Ramanujganj in Sessions Case No. 44/2012, by which the appellant herein has been convicted for the offence punishable under Sec. 302 of IPC and sentenced to undergo Imprisonment for Life and fine of Rs.1000.00 and in default of payment of fine amount, to undergo additional R.I. for 50 days.

(2.) Case of the prosecution, in short, is that on 12/12/2011 at about 4:00 a.m. in Village Singchoura under Police Station Rajpur, the appellant killed his wife Urmila with tangi (axe) thereby committed the offence of murder punishable under Sec. 302 of IPC. According to the prosecution, the said act is said to have been committed by the appellant as the deceased was suspecting of his having an illicit relationship with a woman.

(3.) Further case of the prosecution is that on 12/12/2011 Surendra Vishwakarma (PW-1) lodged FIR (Exhibit P-2) at Police Station Rajpur alleging that on 10/12/2011 her elder sister (deceased Urmila) and her husband (appellant Shivsharan) came to his Village Karra where her sister told him of the appellant having an illicit relationship with a woman and on being asked by him, the appellant refuted the said allegation and then the complainant (PW-1) counseled them and sent back to their village. Subsequently, on the date of incident, i.e., on 12/12/2011, at about 5:00 a.m., Upendra Vishwkarma, his cousin brother, informed him that the appellant has assaulted the deceased Urmila and she is in serious condition and asked him to come quickly. He then immediately rushed to the hospital where the deceased Urmila was admitted and he found grievous injuries on her head and she was already died.