GHURAU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The present appeal under Sec. 374(2) of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') is directed against the judgment of conviction and order of sentence dtd. 21/11/2019 passed by the Additional Sessions Judge, Gharghoda, District Raigarh, Chhattisgarh in Sessions Trial No.05 of 2019. By the impugned judgment, the appellant has been convicted under Sec. 302 of Indian Penal Code, 1860 (for short 'IPC') and sentenced to undergo imprisonment for life and to pay fine of Rs.500.00, in default of payment of fine amount, he would further undergo rigorous imprisonment for two months.

(2.) The case of the prosecution, in brief, is that on 19/9/2018, at about 6.00 ' 7.00 PM, the accused/appellant was abusing his wife, namely, Indro Bai and also beating her. She tried to save herself and hidden in the neighbourer's house, namely, Smt. Budhwaro Bai (PW-2). Thereafter, the appellant/accused in search of his wife, reached to the house of Budhwaro Bai and started beating with his wife. At that relevant time, son-in-law of Budhwaro Bai, namely, Firan Baiga (deceased) was present on the place of incident and when he intervened in the said quarrel, the appellant/accused assaulted him over his head by axe. After the said incident, Firan Baiga was taken to the Community Health Centre, Dharamjaigarh where the doctors declared him dead.

(3.) Thereafter, wheels of investigation started running, in which, crime details form was prepared vide Ex.P/2. Memorandum statement of the appellant/accused was recorded vide Ex.P/3. Property seizure memo was prepared vide Exs.P/4 and P/5. Panchnama regarding preparing of the spot map of the place of occurrence has been prepared vide Ex.P/6. Inquest report was prepared vide Ex.P/7. The doctor informed about the death of the deceased vide Ex.P/8. Merg intimation was recorded by the Sub-Inspector L.R. Bhagat (PW-7) vide Ex.P/9. The dead body of the deceased was sent for postmortem vide Exs.P/10A and P/ 10, respectively and the postmortem report was received vide Ex.P/11, in which, mode of death was due to head injury and the same is homicidal in nature. The memo for query report of the axe and the query report was prepared vide Exs.P/12A and P/12, respectively. Merg intimation was recorded by the Head Constable Ramlal Sidar (PW-8) vide Ex.P/13 and First Information Report was lodged vide Ex.P/14. After due investigation, the charge-sheet was filed.