RAMNARAYAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The appellant has preferred this appeal under Sec. 374(2) of Cr.P.C. questioning the impugned judgment dtd. 27/9/2013 passed in Sessions Trial No.69/2012, by which the Sessions Judge, Sarguja has convicted the appellant herein under Sec. 302 of I.P.C. for murder of his wife Kunjwati and sentenced to life imprisonment with fine of Rs.1000.00 and in default of payment of fine amount, 6 months simple imprisonment.

(2.) Case of the prosecution, in short, is that on 9/1/2012 at 7:00 P.M. at village Kerakachhar, the appellant assaulted his wife by hand and fist by which she suffered grievous injuries and succumbed to death in the hospital; thereby the offence has been committed.

(3.) Further case of the prosecution, in brief, is that marriage of the deceased was solemnized with the appellant as per Hindu rituals and out of their wedlock, they were having three daughters and one son and son was staying with his grandfather Amar Say (PW-2) and three daughters were staying with appellant and deceased. It is further case of the prosecution that brother of the appellant Mathura (PW-8) informed Sohan Say (PW-4) father-in-law of the appellant and father of the deceased that her daughter is lying unconscious near the house and immediately thereafter after getting information, Sohan Say reached to the village Kerakachhar along with his sister Nanki and seen her daughter lying unconscious in the courtyard having suffered injuries on his temple. Thereafter, immediately she was admitted to the District Hospital, Ambikapur wherein she was declared dead by the Doctor. On the recommendation of Panchas, the dead body was subjected to post mortem by Dr. Manju Ekka (PW-11) and according to the post-mortem report Ex.P-20, the deceased died on account of injuries suffered by her. Thereafter, after due investigation, the appellant was charge sheeted before the Chief Judicial Magistrate, Ambikapur, which was committed to the Court of Sessions for trial in accordance with law, in which the appellant abjured his guilt and stated that he has not committed the offence.