RAM PRASAD BHATRA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The appellant has preferred this appeal under Sec. 374(2) of the CrPC against the impugned judgment of conviction recorded and sentence awarded by the learned Sessions Judge, Bastar at Jagdalpur in Sessions Trial No.36/2015 by which he has been convicted for offence under Sec. 302 of the IPC and sentenced to undergo imprisonment for life.

(2.) Case of the prosecution, in short, is that on 18/3/2015 at 11:30 p.m., at Village Vishrampuri, Salhebhata Para, Police Station Bhanpuri, Distt. Bastar, the appellant assaulted his wife Smt. Neelavati by spade by which she sustained grievous injuries and died and thereby committed the offence. Further case of the prosecution is that deceased Smt. Neelavati has sold mahuwa flowers (a forest produce which is used for preparation of liquor) and did not cook food right in time because of which dispute took place between them and the appellant assaulted her on 18/3/2015 at 11.30 p.m. by spade on her head due to which she sustained grevious injuries and died, which was witnessed by Raju (PW-6) ' son of the appellant and the deceased, who informed the same to his close relative Shyamlal, who in turn, visited the house of the appellant and saw the dead body of the deceased and thereafter, reported the matter to the Village Kotwar Roop Singh, Daiman Banchor and Premnath and along with them went to Police Station Bhanpuri and lodged morgue intimation Ex.P-1 and first information report Ex.P-2 on 19/3/2015. Spot map was prepared vide Ex.P-5 and inquest was conducted vide Ex.P-4. Dead body of deceased Smt. Neelavati was sent for autopsy to Community Health Centre, Bastar vide Ex.P-17 and autopsy was conducted vide Ex.P-15 by Dr. Ravindra Kumar Netam (PW-7) and cause of death was stated to be on account of excessive bleeding and death was homicidal in nature. Based on the memorandum statement of the appellant recorded vide Ex.P-18, weapon of offence spade has been recovered from him vide Ex.P-14. Spade and other articles were recovered and the same were sent for chemical examination to the FSL, Raipur. Report of the FSL shows that blood was found on the spade.

(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 where the learned Sessions Judge, Bastar at Jagdalpur conducted trial in accordance with law.