SHATRUHAN SATNAMI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal preferred by the appellant under Sec. 374(2) of Cr.P.C. is directed against the impugned judgment dtd. 12/5/2016 passed by the Sessions Judge, Kabirdham, in Sessions Trial No.03/ 2016, by which, appellant herein has been convicted for the offence under Sec. 302 of Indian Penal Code and sentenced to undergo imprisonment for life and fine of Rs.1000.00, in default of payment of fine, 6 months additional rigorous imprisonment.

(2.) Case of the prosecution, in short, is that on 9/12/2015 at about 10:00 A.M., the appellant herein assaulted his wife Hema Bai (now deceased) by axe, due to which, she suffered grievous injuries and died. The matter was reported by Avinash Kumar (PW-7) to Police Station Pandatarai that on 9/12/2015, after having breakfast, he went to his mobile shop at village Mohagaon and at about 10:00 A.M., his friend Suraj (not examined) informed him that his father and mother were quarreling with each other and his mother has become unconscious. Then, he immediately came back to his house and his grand-mother namely, Agahan Bai (not examined) who was then sitting in the courtyard, informed him that his father and mother were quarreling with each other and have locked the door from inside. After some time, his father opened the door and absconded. When the complainant went inside the house, her mother (deceased) was lying dead there in a pool of blood and a blood stained iron axe was also lying therein. Smt. Gayatri (PW-8) had seen the appellant absconding from the spot. Thereafter, the FIR was registered vide Ex.P-21, inquest was conducted vide Ex.P-2 and dead body of deceased Hema Bai was subjected to post-mortem, which was conducted by Dr. R.K.Chandravanshi (PW-6), who has proved post-mortem report vide Ex.P-18, in which, cause of death was stated to be coma due to head injury and excessive bleeding and death was homicidal in nature. Axe was seized from the spot vide Ex.P-4 and the cloths of appellant were seized vide Ex.P-5, which were sent for examination to FSL, but the FSL report has not been brought on record. After due investigation, the appellant was charge-sheeted for the aforesaid offence to the jurisdictional criminal court and the case was ultimately committed to the Court of Sessions for hearing and disposal in accordance with law, in which the appellant abjured his guilt and entered into defence stating that he has not committed any offence and he has been falsely implicated.

(3.) In order to bring home the offence, prosecution examined as many as 10 witnesses and exhibited 21 documents and the appellant-accused in support of his defence has not examined any witness, but has exhibited the documents Ex.D-1 and Ex.D-2.