TELIRAM 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. 25/7/2015 passed by the learned 6th Additional Sessions Judge, Ambikapur, District Surguja, Chhattisgarh in Sessions Trial No. 45/2014 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 ? 2,000/-; in default of payment of fine additional rigorous imprisonment for six months.

(2.) Case of the prosecution, in nutshell, is that on 17/4/2014 at about 2:00 pm at village Jamgala, Police Station Lakhanpur, District Surguja (C.G.), appellant herein assaulted his wife Shyambai by hand and fist by which she suffered grievous injuries and died and thereby committed the said offence. It is further case of the prosecution that the said incident was informed by Devsingh (PW-4) to Rambai (PW-1) and thereafter, Rambai (PW-1) informed the said incident to Police Station. Merg Intimation and FIR were registered vie Ex.P/1 and Ex.P/17. Inquest proceedings (Ex.P/3) were conducted and the dead body of the deceased was sent for postmortem. As per postmortem report (Ex.P/12) conducted by Dr. R.D. Bhatnagar (PW-6) cause of death was due to coma and hemorrhagic shock, caused by injury on frontal region with fracture on frontal bone and injury to liver with internal hemorrhage on abdominal cavity and nature is homicidal.

(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.