MEENARAM 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. 1/10/2014 passed by the learned Additional Sessions Judge, Jashpur, District Jashpur, Chhattisgarh in Sessions Trial No. 39/2014 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 rigorous imprisonment for one month.

(2.) Case of the prosecution, in nutshell, is that on 19/2/2014 in the night between 07:00 pm to 10:00 pm at Lapai Beltoli, near field of Tigna Ram, the appellant assaulted his wife Geeta Bai @ Bhairi by hand, fist, leg and grinding stone by which she suffered grievous injuries and died and thereby, committed the aforesaid offence. The appellant informed the said incident to his father Shaniram (PW-5) and made extra judicial confession to him and thereafter, Shaniram (PW-5) informed the same to Vishvanath (PW-3), villager, and appellant is said to have made extra judicial confession to Rujanran Nayak (PW-4), villager, also. Vishvanath (PW-3) got registered the Merg Intimation (Ex.P/4) on 20/2/2014 to Police Station Kansabel. FIR was registered vide Ex.P/3. Inquest proceedings were conducted vide Ex.P/6 and the body of the deceased was sent for postmortem. As per the postmortem report (Ex.P/12) conducted by Dr.Sunil Khes (PW-6), cause of death was due to head injury, mode of death is coma and nature of death is homicidal. Pursuant to memorandum statement of the appellant (Ex.P/8), stone was seized vide Ex.P/10 and other articles were seized vide Ex.P/11. Seized articles were sent for chemical analysis to FSL and in the FSL report dtd. 28/6/2014 on Article C i.e. stone, bloodstain was 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.