VINOD BANJARE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) of Cr.P.C. is directed against the impugned judgment dtd. 14/7/2015 passed by the Sessions Judge, Bilaspur, District: Bilaspur (C.G.) in Sessions Trial No. 118/2014 by which the appellant herein has been convicted for the offence under Sec. 302 of I.P.C. and sentenced to undergo life imprisonment with fine of Rs.500.00 in default of payment of fine amount, additional SI for one month.

(2.) Case of the prosecution, in brief, is that on 24/8/2014, at 11:30 am, the appellant assaulted his wife Parwati by iron axe by which she suffered grievous injuries and died. Further case of the prosecution is that marriage of Parwati (now deceased) solemnized with the appellant 10 years prior to the date of incident and she was residing along with his parents at Bajrang Nagar Sakri. On the date of incident, PW-10 Dhaniram Kurre, father of the appellant came to the house of the appellant to take her daughter at his home on the eve of Teej festival, to which the appellant did not allow her to go and pursuant to which PW-10 Dhaniram Kurre returned back to his home. Further case of the prosecution is that when the deceased Parwati insisted that she would go to her parental house, the appellant is said to have assaulted his wife by iron axe, by which she suffered injuries and died. The appellant is said to have given extra-judicial confession to PW-2 Binu Kumar Banjare who had informed the incident to PW-1 Suresh Kumar Ratre, pursuant to which Dehati Merg Intimation vide Ex. P/1 was lodged and the Dehati FIR were registered vide Ex.P/2. Inquest proceedings were conducted vide Ex.P/4. The dead body of the deceased was sent for autopsy. Postmortem was conducted by Dr. S.S. Gupta (PW-7) and his report is Exhibit-P/14 wherein, she has opined the death of the deceased was due to neck injury which was homicidal in nature. Seized articles were sent for FSL vide Ex. P/29 wherein blood was found on the iron axe vide Ex. P/31.

(3.) After due investigation, the appellant was charge-sheeted for the offence punishable under Sec. 302 of IPC before the jurisdictional criminal Court and the case was committed to the trial Court for hearing and disposal in accordance with law, in which appellant/accused abjured his guilt and entered into defence by stating that he has not committed the offence.