RUPLAL CHERWA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The Appellant stands convicted to life imprisonment under Sec. 302 IPC with fine of Rs.1000.00, in the event of failure to pay which he was required to undergo further one year rigorous imprisonment for the murder of his wife Injoriya Bai, as ordered by the Second Additional Sessions Judge, Manendragarh, in Sessions Trial No. 69 of 2018 on 2/8/2023.

(2.) Brief facts of the case is that, on 18/4/2018 at about 10:45 am the complainant Satish Kumar, PW-1 has given a merg intimation Ex.P/1 to the police that on 17/4/2018 at about 10 o'clock in the night his father and mother had gone outside of the house. His two sisters Savitri and Gayatri were inside the house. In the night when he came to his house and found that the house was locked from outside, he broke open the lock and entered into the house asked about his parents then his sister replied that both of them went outside. In the morning his father came back to the house and informed them that his mother has died and asked him to inform to his grandparents. On being asked from him, he disclosed that his deadbody is lying at Dabri. When he went on the spot, he saw the deadbody and thereafter he informed to his grandfather and village Sarpanch and when he asked from his father, he replied that he killed his wife by throwing a stone on her head and also replied that he suspected the fidelity of his wife and therefore he committed his murder. Thereafter, the police reached on the spot and prepared inquest of the deadbody in presence of the witnesses vide Ex.P/6; sent the deadbody for postmortem to Community Health Centre, Janakpur, District Korea where PW-15, Dr. R.K. Raman has conducted postmortem of the body and gave his report Ex.P/20. While conducting postmortem the doctor has observed following injuries over her body-

(3.) The doctor has noticed haematoma present on right parietal skull and opined that cause of death is shock due to head injury and time elapsed since death is 12-36 hours. Spot map Ex. P/3 was prepared by the police. FIR Ex. P/2 was registered for the offence under Sec. 302 IPC against the appellant. Patwari has also prepared spot map Ex.P/10. On 19/4/2018 the memorandum statement of the appellant was recorded vide Ex.P/12 and on his instance the stone by which he allegedly killed his wife has been seized vide Ex.P/15. Blood stained soil and plain soil of nearby house of Jaibali, Sari of deceased and bloodstained soil and plain soil of nearby place where the deadbody was found was seized vide Ex.P/13. T-shirt and Lungi of the appellant has also been seized vide Ex.P/14. The appellant was arrested on 19/4/2018. Seized articles were sent for FSL examination to the regional FSL Surguja place Amibkapur vide Ex.P/25 and a report Ex.P/26 was received from there, according to which, the blood was found on the bloodstained soil, Sari of the deceased, Shirt and Lungi of the appellant, stone, and Blouse and Petticoat of the deceased which identified to be the human blood and the bloodstained soil seized from the nearby house of Jaibali, bloodstains soil seized from the place of deadbody, shirt and Lungi of the appellant and stone were found to be blood of AB group.