CHINGDU KASHYAP Vs. STATE OF C.G.

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) of CrPC is directed against the impugned judgment dtd. 13/02/2014 passed by learned Sessions Judge, Bastar Place - Jagdalpur in Sessions trial No. 78/2012 whereby the appellant has been convicted for offence punishable under Sec. 302 of IPC and he has been sentenced to life imprisonment till death with fine of Rs.2000.00.

(2.) Case of the prosecution, in brief, is that the appellant herein, with the intention of causing death of his wife Manbati, strangulated her and assaulted her with tangiya (axe) by which she suffered grievous injuries and died and he, thereby, committed the aforesaid offence.

(3.) Further case of the prosecution is that on 24/02/2012 at about 12:30 PM, Banmali Kashyap (P.W.-3) lodged a report that on 19/02/2012, his daughter Manbati and son-in-law (appellant) came to his house at Village Aadawal along with their 4 years old son Suraj and told him that both of them were going to Sumalwada temple on the eve of Mahashivratri and left their son with him and told him that they will return shortly to take their son back, but they did not return to take their son as they had informed earlier. After a period of 5 days, on 24/02/2012, Kotwar of village Bilouri Santoram Kashyap (P.W.-6) and Upsarpanch Girdhar Sinha (P.W.-11) went to Village Aadawal and informed Banmali Kashyap (P.W.-3) that the house in which his daughter and son-in-law used to reside has been locked from outside and a foul smell is coming from inside and they suspect that something has happened to his daughter. Thereafter, Banmali Kashyap (P.W.-3) accompanied them and went to his daughter's house and found that the house was locked from outside. He along with other villagers went to the roof and when he removed the stones, he saw that the dead body of his daughter Manbati was lying inside the room and flies were buzzing around her. He called the Police and informed about the same at Police Station Frezerpur. Police reached on the spot and broke the lock and entered inside the house and found that dead body of Manbati was lying on the floor and she was covered with a blanket. When they removed the blanket, they found that she had been assaulted with a sharp edged weapon in her ribs and back and the appellant herein was found absconding.