KITAB SINGH PAIKRA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Sanjay K. Agrawal, J 1. This criminal appeal preferred by the appellant herein under Sec. 374(2) of the CrPC is directed against the impugned judgment of conviction and order of sentence dtd. 13/12/2014 passed in Sessions Case No. 04/2013 by the Additional Sessions Judge, Katghora (C.G.) by which the appellant stands convicted and sentenced as under:- <FRM>JUDGEMENT_44_LAWS(CHH)7_2023_1.html</FRM>

(2.) Case of the prosecution, in brief, is that on 4/11/2012, at around 9 pm, at Village: Saila, the appellant assaulted his wife Rambai by wooden stick (Chair's handle). This incident was witnessed by their two daughters Ku. Saraswati (PW-3), Ku. Laxmi (PW-4) and his (appellant) sister's son Jagnarayan (PW-5) and thereby committed the offence. Immediately thereafter Rambai was escorted to the Government Hospital, Pali and thereafter brought to CIMS Hospital, Bilaspur where she succumbed to injuries. Merg Intimation Ex.P/16 and FIR Ex.P/6 were registered. Inquest was conducted vide Ex.P/2. Thereafter, dead body of the deceased was sent for postmortem examination which was conducted by Dr. Vijay Kumar Verma (PW-14) who has proved the postmortem report Ex.P-24, in which cause of death was stated to be due to Coma and the death was homicidal in nature. Pursuant to memorandum statement of appellant recorded vide Exhibit-P/12, the weapon of the offence was recovered from the possession of appellant vide Exhibit-P/13 and P/14 which was sent for FSL, but no FSL report has been brought on record.

(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.