SUBAN PATEL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal preferred under Sec. 374(2) of the CrPC is directed against the impugned judgment of conviction recorded and sentence awarded by the learned Additional Sessions Judge, Katghora in Sessions Trial No.19/2012 by which the appellant herein has been convicted for offence under Sec. 302 of the IPC and sentenced to undergo imprisonment for life and pay a fine of Rs.1,000.00, in default of payment of fine to further undergo additional rigorous imprisonment for six months.

(2.) Case of the prosecution, in brief, is that on 21/11/2011 at 08:40 p.m. at Village Lotnapara Utarda, Police Station Pali, the appellant assaulted his wife by axe by which she succumbed to the injuries sustained by her and died. Further case of the prosecution is that the appellant herein suspecting the character of his wife Kamlesh Bai on 21/11/2011 at 08.40 p.m. assaulted her by axe which was witnessed by Ganga Bai (PW-2) and Ramautin (PW-3) and Ramautin (PW-3) immediately informed to Bhulau (PW-1) " father of the appellant, that her brother " the appellant herein, has assaulted her sister-in-law Kamlesh Bai by which she has suffered injuries and lying dead pursuant to which first information report (FIR) was registered vide Ex.P-19 and inquest was prepared vide Ex.P-5. On the recommendation of panchas, postmortem over the dead body of the deceased was conducted by Dr. C.S. Kanwar (PW-4) who proved the postmortem report Ex.P-9 in which cause of death was stated to be coma as a result of injury to the brain extra-dural, sub-dural, subarachnoid haemorrhage with multiple fracture of face bone orbit, maxilla, zygomatic frontal bone and death was homicidal in nature. Pursuant to the memorandum statement of the appellant vide Ex.P-14, axe was seized vide Ex.P-15 and query report was obtained vide Ex.P-10. Seized articles were sent for chemical examination to the FSL, but no FSL report was brought on record for the reasons best known to the prosecution.

(3.) Statements of the witnesses were recorded under Sec. 161 of the CrPC. After due investigation, the appellant was charge-sheeted and charge-sheet was filed before the jurisdictional criminal court and the case was committed to the Court of Sessions from where the learned Additional Sessions Judge received the case on transfer for conducting trial and hearing and disposal in accordance with law.