RAMDAYAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) of Cr.P.C. is directed against the impugned judgment dtd. 10/2/2015 passed by the Sessions Judge, Sarguja, Ambikapur (C.G.) in Sessions Case No. 281/2013 by which the appellant herein has been convicted for the offence under Sec. 302 of I.P.C. and sentenced to undergo life imprisonment with fine of Rs.1,000.00 in default of payment of fine amount, additional RI for six months.

(2.) Case of the prosecution, in brief, is that on 11/4/2013, at night, at Village: Bhatko, Police Station: Batauli, the appellant assaulted his wife Bhagmani by axe by which she suffered grievous injuries and died. The appellant is said to have dragged the body of the deceased up to Village: Khargawa. However, the dead body of the deceased was noticed on the next day and the matter was reported by Sirij Ram (PW-3) to Police Station: Batauli, pursuant to which Merg Intimation (Ex.P/2) and FIR (Ex.P/3) were registered. It is the further case of the prosecution that the appellant and deceased along with nephew Rakhi (PW-2) were residing in the house owned by PW-1 Vinod Pradhan. On the date of the offence, the appellant, his wife and Rakhi (PW-2) came from Batauli Bazar and thereafter the appellant and deceased started quarreling after consuming liquor, which was witnessed by PW-1 Vinod Pradhan who had consoled them not to quarrel with each other. It is also the case of the prosecution that the appellant assaulted his wife with axe, by which she suffered grievous injuries and died which was witnessed by PW-1 Vinod Pradhan and PW-2 Rakhi, thereafter, the appellant dragged the body of the deceased at Village: Khargawan and absconded, pursuant to which Nazari Naksha vide Ex.P/10 was prepared. Inquest proceedings were conducted vide Ex.P/5. The dead body of the deceased was sent for autopsy. Postmortem was conducted by Dr. Sanjeev Kumar Tigga (PW-8) and his report is Exhibit-P/11 wherein, he has opined that the death of the deceased was due to head injury which was homicidal in nature. Seized articles were sent for FSL wherein blood was found on the axe vide Ex. P/15.

(3.) After due investigation, the appellant was charge-sheeted for the offence punishable under Sec. 302 of IPC before the jurisdictional criminal Court and the case was committed to the trial Court for hearing and disposal in accordance with law, in which appellant/accused abjured his guilt and entered into defence by stating that he has not committed the offence.