NARJU DUGGA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal preferred by the appellant herein under Sec. 374(2) of the Cr.P.C is directed against the judgment of conviction and order of sentence dtd. 11/2/2015 passed in Sessions Trial No.62/2014 by the Sessions Judge, North Bastar, Kanker (C.G.), by which the appellant stands convicted and sentenced as under:- <FRM>JUDGEMENT_53_LAWS(CHH)7_2023_1.html</FRM>

(2.) Case of the prosecution, in brief, is that, on 23/3/2014 at 7:00 am, appellant herein assaulted his wife - Sukhmotin Bai @ Sukko (hereinafter called as 'deceased') with sharp edged knife, as a result of which, deceased suffered grievous injuries over her body and died and thereby committed the offence. Further case of the prosecution is that the appellant and deceased were wife and husband. On 23/3/2014 at about 6:0/7/0 am, the appellant came to the house under the influence of liquor and started quarrelling with his wife, dragging her inside the room and bolted from inside and started assaulting her with sharp edged knife and caused injury, upon which, the deceased was shouting from inside. The incident was witnessed by P.W.2 Ku. Gita, aged about 13 years, who informed the same to her elder sister P.W.1 Ku. Lalita. Upon hearing the same, when P.W.1 Ku. Lalita rushed to the spot, there was no sound from inside and there was silence. After getting the door opened, the appellant was seen coming out of the room with bloodstained knife and dead body of deceased was found lying on the cot and blood was oozing. The matter was reported to the Police Station Raoghat by PW-1 Ku. Lalita, pursuant to which F.I.R. vide Ex.P.1 was lodged and merg intimation vide Ex.P.1-A was registered. Investigating Officer D.K.Sahu (P.W.7) Subhash Choubey prepared inquest proceedings vide Ex.P.4 and spot map vide Ex.P.2 and Ex.P.7 on the same day. Thereafter, the body of deceased Sukhmotin was sent to the Government Hospital, Antagarh, where Dr. B.K.Ramteke (P.W.6) conducted the post-mortem and gave his report vide Ex.P.8 opining that the cause of death was homicidal in nature due to severe injuries on vital organs and excessive bleeding. Memorandum statement of the appellant was made vide Ex.P.3, on the basis of which, seizure memo vide Ex.P.6 was prepared, based on which, knife and bloodstained cloths were recovered vide Ex.P.4. This apart, vide Ex.P.5 plain soil and bloodstained soil were seized. Seized articles were sent for examination to the F.S.L. vide Ex.P.12 and F.S.L. report vide Ex.P.13 was brought on record, according to which, human blood was found on the knife. Query report has also been obtained vide Ex.P-9 and as per the said report, injury found on the body of the deceased could have been caused by the seized knife. During course of investigation, the appellant was arrested vide arrest memo Ex.P.10.

(3.) After due investigation, the appellant was charge-sheeted 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.