MEELU RAM NISHAD Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal preferred by the appellant-accused person under Sec. 374 (2) of Cr.P.C. is directed against the impugned judgment of conviction and order of sentence dtd. 16/1/2014 passed in Sessions Trial No.52/2012 by the Court of learned Sessions Judge, Mahasamund (C.G.) whereby the appellant has been convicted for offence punishable under Sec. 302 of the IPC and sentenced to undergo imprisonment for life and fine of Rs.1,000.00, in default of payment of fine, he shall suffer additional rigorous imprisonment for three months.

(2.) Case of the prosecution, in brief, is that elder brother of the appellant, namely, Satosh Pateva lodged a report in Police Chowki Patewa to the effect that on 7/4/2012 between 12:00 to 02:00 or in and around, wife of the appellant - Dropati Bai was found dead inside the house. It is alleged by the prosecution that on account of old quarrel between them, the appellant committed her murder by sharp edged weapon, i.e. Kattal (used for fish cutting/tabbal) and thereafter he ran away from the spot.

(3.) During investigation, inquest (Ex.P.2) over the dead body was conducted in presence of witnesses. Spot map (Ex.P.8) was prepared. F.I.R. was lodged by Santosh Pateva, brother of appellant, vide Ex.P.1. Merg intimation was registered vide Exs.P21 & P-22. Vide Ex.P-7 bloodstained soil, plain soil, bloodstained, Kattal (Tabbal) and two sets of mobile phone as well as bloodstained pillow were seized from the spot. Dead body of the deceased Dropati Bai was subjected to the postmortem by Dr. Giridharilal Chandrakar (P.W.11) and as per postmortem report (Ex.P.9), the cause of death is severe haemorrahge and injury to wind pipe trachea and esophagus and nature of death is homicidal. As per the memorandum of statement of the appellant (Ex.P.4), blood stained shirt and other material were recovered vide Ex.P-5. According to FSL report (Ex.P.24), human blood was found on the weapon of offence-Kattal (Tabbal) and blood was found on shirt of accused, pillow and clothes of deceased etc.