MANNU RAM KASHYAP Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal under Sec. 374(2) of the CrPC is directed against the impugned judgment and order dtd. 20/9/2013 passed by the Sessions Judge, Bastar at Jagdalpur in Sessions Trial No.118/2012, by which the appellant herein has been convicted under Sec. 302 of the IPC and sentenced to undergo imprisonment for life and pay a fine of Rs.1,000.00.

(2.) Case of the prosecution, in brief, is that on 19/7/2012 at 11.00 p.m., the appellant asked for food from his wife Budhwari Bai which she did not serve pursuant to which after a dispute, the appellant assaulted her by a sharp-edged axe on her neck by which she suffered two injuries and died. Thereafter, morgue intimation was recorded vide Ex.P-7 purusant to which first information report (FIR) was registered vide Ex.P-8. After panchnama, dead body was subjected to postmortem which was conducted by Dr. D. Rajan (PW-6) vide postmortem report Ex.P-9 in which cause of death was stated to be due to haemorrhage due to injury on neck. Pursuant to the information given by the appellant, axe was seized and it was sent for chemical analysis to the Forensic Science Laboratory, but the FSL report was not brought on record. Query report Ex.P-10 was obtained from Dr. D. Rajan (PW-6) in which it has been stated that the injuries found on the body of the deceased could have been caused by the said axe.

(3.) Statements of the witnesses were recorded under Sec. 161 of the CrPC. After completion of investigation, charge-sheet was filed against the appellant before the jurisdictional criminal court and the case was committed to the Court of Sessions for trial and for hearing and disposal in accordance with law.