MADKAMI BUDHRA Vs. STATE OF C G

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 09.10.2009 passed by Third Additional Sessions Judge, Bastar at Jagdalpur in Sessions Trial No. 207/2007, whereby and where under the Additional Sessions Judge after holding the appellant guilty for causing homicidal death of his sister-in-law (elder brother's wife) Madkami Sukdi, amounting to murder, convicted him under Section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life and to pay fine of Rs. 300/-, in default of payment of fine, to further undergo rigorous imprisonment for one month. Conviction is impugned on the ground that without any iota of evidence, the trial Court has convicted and sentenced the appellant as aforementioned, and thereby committed illegality.

(2.) As per the case of the prosecution, on the fateful day of 07.9.07 at about 5.00 pm, Madkami Kosa and his wife Madkami Sukdi were taking drinks in their house. At that time, the appellant came there and asked for liquor. Since the appellant has already consumed excess liquor, deceased Madkami Sukdi refused to give him liquor. Upon which he felt angry and went to his house and came back with an axe and straightaway assaulted Madkami Sukdi over her head. After sustaining injury, there was profuse bleeding and the appellant fled away from there. Thereafter, injured Madkami Sukdi was taken to Primary Health Centre, Tongpal, where at midnight she died. Constable 483 Parmeshwar Thakur lodged morgue intimation vide Ex-P/4. Madkami Kosa, husband of the deceased lodged FIR at Police Station Kukanar. Police registered it as Ex-P/10. Dr. Kamal Singh (PW-10), Asst. Surgeon, Primary Health Centre, Thongpal examined the injured Madkami Sukdi and noticed one incised wound of 7.5" x 3.5" over the left side of the head. The injury was caused by hand and blunt object. Treating doctor gave his report vide Ex-P/6. After death of the deceased Madkami Sukdi, investigating officer left for scene of occurrence and after giving notice vide Ex-P/16, he conducted inquest over the dead body of the deceased vide Ex-P/17. The dead body of the deceased was sent for postmortem. Dr. Kamal Singh Sethe (PW-4) conducted autopsy upon written inquest by the police vide Ex-P/18. Postmortem report is Ex-P/7. Dr. Kamal Singh noticed following injuries:

(3.) Statements of the witnesses were recorded under Section 161 of the Code of Criminal Procedure, 1973 (for short 'the Code'). After completion of investigation, charge sheet was filed before Judicial Magistrate First Class, Bastar at Jagdalpur, who in turn committed the case to the Court of Sessions. Learned Additional Sessions Judge received the case on transfer for trial.