SUKHRAM MANDAVI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) of the CrPC preferred by the appellant-accused is directed against the impugned judgment of conviction and order of sentence dtd. 26/8/2015 passed by the learned Third Additional Sessions Judge, Bastar at Jagdalpur, Chhattisgarh in Sessions Trial No. 45/2015 by which appellant has been convicted for offence under Sec. 302 of the IPC and sentenced to undergo imprisonment for life and pay fine of Rs.100.00; in default of payment of fine additional imprisonment for one month.

(2.) Case of the prosecution, in nutshell, is that on 27/4/2015 at about 10:00 am, at village Sangwel Kolengpara, Police Station Mardum, District Bastar (Jagdalpur) (C.G.), appellant assaulted his wife deceased Samlo on her head by axe by which she suffered grievous injuries and died and thereby, committed the aforesaid offence. It is further case of the prosecution that on 27/4/2015 at about 10:00 am appellant came back home from the field and saw the children who were crying due to hunger so he asked for reason for not preparing food from the deceased and in reply she told that she has not prepared the food, on account of which appellant started quarreling with the deceased and in the spur of moment, out of anger, assaulted her by axe by which she suffered grievous injuries and during the course of treatment on 28/4/2015, she died. FIR and Merg Intimation were registered vide Ex.P/1 and Ex.P/2, respectively. Inquest proceedings (Ex.P/4) were conducted and the dead body of the deceased was sent for postmortem. As per postmortem report (Ex.P/18) conducted by Dr. N. S. Nag (PW-8), cause of death was internal hemorrhage, shock due to head injury and nature of death is homicidal. Pursuant to the memorandum statement of the appellant (Ex.P/6) axe has been seized vide Ex.P/7. Seized articles were sent for chemical analysis to FSL, but in the FSL report (Ex.P/24) on Article C i.e. axe blood has not been found.

(3.) After due investigation, appellant was charge-sheeted for the aforesaid offence 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.