KASTURAM DIHARI KORVA 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. 11/8/2016 passed by Additional Sessions Judge (F.T.C.), Jashpur, in Sessions Case No.60/2015, 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.500.00 and in default of payment of fine amount, to undergo additional Rigorous Imprisonment for three months.

(2.) Case of the prosecution, in short, is that during the period between 8-9:00 p.m. of 1/1/2014 and 8:00 a.m. of 3/1/2014, the appellant in his house situated at Village Bhabhri Kekardeepa is said to have assaulted Juleshwari Bai, who was his second wife, with stick on account of which she sustained grievous injuries and died, thereby committed the offence of murder punishable under Sec. 302 of IPC.

(3.) Further case of the prosecution is that on 3/1/2014 at 2:40 p.m., Buleshwar Ram Dihari (PW-1) lodged Merg Intimation (Exhibit P-1) stating that he is son of the appellant from his first wife Mulko Bai and they were residing separately from the appellant who was residing nearby in the other house with his second wife Juleshwari Bai, the deceased. On 1/1/2014, the appellant and the deceased both had gone to the house of Duhna Ram (PW-8) to consume hadia liquor on the occasion of new year and he had also gone there along with his family at 9:00 p.m. and came back to his house at 2-2:30 in the night and went to sleep. According to him, after consuming liquor, the appellant and the deceased both came back to their house quarreling with each other and in their house also they continued to quarrel. On the next day, i.e., on 2/1/2014, in the morning at about 8:00 a.m., the appellant had come to his (PW-1) house and demanded for food to eat and after having it he went away. Subsequently, on 3/1/2014, since he had not see the appellant and deceased for quite some time, he went to the house of the appellant and found blood and broken bangles lying near the door of his house and the door of the house was locked. When he saw from a hole beside the door, he found a person covered with clothes lying unconscious inside the house and he suspected that the appellant has committed murder of Juleshwari Bai and absconded.