HARICHAND Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal has been preferred by the appellant under Sec. 374(2) of CrPC against the impugned judgment dtd. 29/05/2014 passed by learned Sessions Judge Balod in Sessions Trial No. 13/2014 whereby he has been convicted for offence punishable under Sec. 302 of IPC and has been sentenced to undergo life imprisonment with fine of Rs.200.00 in default of payment of fine, additional R.I. for one month.

(2.) Case of the prosecution, in brief, is that on 24/01/2014 at about 11 PM at Dewardera, Sanjay Nagar within the ambit of Police Station Doundilohara, the appellant herein committed maar peet with his wife Jayantribai on account of which she suffered grievous injuries and died and he, thereby, committed the aforesaid offence.

(3.) Further case of the prosecution is that on 25/01/2014 at about 08:15 AM, appellant's brother Giriram Dewar (P.W.-1) lodged first information report (Ex. P/2) at the Police Station that the appellant had kept Jayantribai as his wife and they were residing together for the last two years in a separate house. From the last one year, Jayantribai used to run away from their house frequently and the appellant used to get her back and on that account, dispute persisted between both of them. On the date of the incident, i.e. 24/01/2014 at about 3-4 PM, again Jayantribai was running away from her home, however, the appellant caught hold of her and brought her back and committed maar peet with her with hands and fists and also assaulted her with rolling pin due to which Jayantribai suffered grievous injuries and died. On the basis of the said information, merg intimation was registered vide Ex. P/1 and summons were issued to the witnesses vide Ex. P/3 and pursuant to conducting inquest vide Ex. P/4, the dead body of Jayantribai was subjected to postmortem which was conducted by Dr. Kush Pandey (P.W.-10) and as per the postmortem report (Ex. P/16), cause of death is said to be shock due to intracerebral haemorrhage. From the spot, plain soil as well as blood-stained soil, blood-stained shawl and broken bangles of the deceased were seized vide Ex. P/8 and blood-stained rolling pin as well as appellant's blood-stained shirt were seized from the appellant vide Ex. P/9. The said seized articles were sent for forensic examination and as per the FSL report (Ex. P/23), human blood was found on the shawl as well as on appellant's shirt. After due investigation, the appellant was charge-sheeted for offence punishable under Sec. 302 of IPC which was committed to the Court of Sessions for trial in accordance with law. The appellant abjured his guilt and entered into defence.