BEER SINGH DHRUV Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By way of this appeal filed under Sec. 374(2) of the Code of Criminal Procedure the appellant has assailed the judgment impugned dtd. 30/4/2014 passed by Sessions Judge, North Bastar, Kanker in Sessions Trial No. 90/2013 convicting him under Sec. 302 IPC and sentencing to undergo imprisonment for life with fine of Rs.5000.00, in default of payment of fine, to further undergo RI for 01 year.

(2.) Facts of the case in brief are that on 5/8/2013 (wrongly mentioned in the charge as 20/8/2013) the appellant asked his wife Sukhmin Bai (the deceased) to accompany him to the field but she refused for that. Thereafter, at about 9:00 AM the accused/appellant and his son Krishna Kumar (PW-1) went to the field. At about 2:30 PM when the accused/appellant and his son were sitting under a tree and mother of the accused/appellant was grazing the cattle at a little distance, the deceased came there after getting free for her work at Anganwadi Centre and asked the accused/appellant if he had taken food. The accused/appellant however being in anger did not give any reply to that but kept on staring at her. He then suddenly picked up the axe and inflicted injury on the back of the deceased. As the axe had got stuck on her back, the accused/appellant took out the same, threw it nearby, and ran away towards the forest. Subsequently, Krishna Kumar (PW-1) informed Nohruram (PW-2), Jethuram (PW-3) and others about the incident. Sukhmin Bai was given water to drink and then she died. On 5/8/2013 at about 06:10 PM Merg (Ex.P-1) followed by FIR (Ex.P-2) was registered for the offence under Sec. 302 IPC. Inquest was made under Ex. P-5 and the body was sent for postmortem examination to Government Hospital, Kodekurse, which was conducted by Dr. Manoj Kishore (PW-7) who gave his report Ex. P-20. On the memorandum of the accused/appellant (Ex.P-7), seizure of axe was made under Ex.P-8. After completion of investigation charge-sheet was filed against the accused/appellant under Sec. 302 IPC followed by framing of charge accordingly.

(3.) So as to prove the complicity of the accused/appellant in the crime in question, prosecution has examined as many as 07 witnesses. Statement of the accused/appellant under Sec. 313 Cr.PC was also recorded in which he pleaded his innocence and false implication in the case. Defence however has not examined any witness in support of its case.