SAMMAR SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) of the CrPC preferred by the appellant-accused herein is directed against the impugned judgment of conviction and order of sentence dtd. 13/6/2016 passed by the Additional Judge to the Court of Additional Sessions Judge, Katghora, District Korba, Chhattisgarh, in Sessions Trial No. 03/2015 by which appellant has been convicted for offence under Sec. 302 of the IPC and sentenced to undergo imprisonment for life and to pay fine of ? 5,000/-; in default of payment of fine additional imprisonment for three months and for offence under Sec. 201 of the IPC and to undergo rigorous imprisonment for two years and to pay fine of ? 2,000/-; in default of payment of fine additional imprisonment for three months. Both sentences were directed to run concurrently.

(2.) Case of the prosecution, in nutshell, is that between 3/9/2014 at 3:00 pm and 4/9/2014 at 4:30 pm, at village Batari, Police Station Deepka, District Korba, Chhattisgarh, appellant strangulated his wife Gowri Bai by which she died and to screen himself from the offence, he thrown the dead body of the deceased into the well and thereby committed the aforesaid offence. It is further case of the prosecution that on 4/9/2014, appellant himself lodged merg intimation (information of sudden and untimely death) (Ex.P/11) that on 3/9/2014 at 3:00 pm his wife Gowri Bai (now deceased) had gone to participate in the immersion of Lord Ganesha and did not come back to the house in the night, then he searched, but could not find her anywhere. On 4/11/2014, in the evening, at about 5:00 pm, he heard the noise of persons of his locality and went to the place from where the noise of persons was coming and saw that the dead body of his wife Gowri Bai was floating on the water of well, then he reported the merg intimation (Ex.P/11). First Information Report (Ex.P/10) was registered. Inquest proceedings (Ex.P/7) were conducted and the dead body of the deceased was sent for postmortem. As per postmortem report (Ex.P/8), proved by Dr. Hari Prakash Kanwar (PW-10), cause of death is asphyxial death secondary to throttling that is postmortem drowning in nature.

(3.) After due investigation, appellant herein was charge-sheeted for the aforesaid offences and the case was committed to the Court of Sessions for trial in accordance with law. The appellant / accused abjured his guilt and entered into defence.