VEDPRAKASH RANA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal preferred under Sec. 374(2) of the Code of Criminal Procedure, 1973 (for short, the Cr.P.C.) is directed against the impugned judgment of conviction and order of sentence dtd. 8/9/2023 passed by the learned Second Additional Sessions Judge, Sakti, District Janjgir- Champa,in Sessions Trial No.11 of 2020 by which the appellant has been convicted for offence under Sec. 302 of the Indian Penal Code (IPC) and sentenced to undergo rigorous imprisonment for life and to pay fine amount of Rs.5,000.00, in default of payment of fine, to undergo additional rigorous imprisonment for six months.

(2.) This case was listed today for consideration of IA No. 1 of 2023 which is an application for suspension of sentence and grant of bail to the appellant/accused. However, with the consent of learned counsel for the parties, the matter has been heard finally.

(3.) Case of the prosecution, in brief, is that on 20/6/2020, the informant Hirabai Rana (PW-1) gave an information at Police Chowki, Faguram that she resides at village Kekrabhanta and does the household work. Her husband had expired way back. In his house, his elder son Vedprakash Rana, daughter-in-law Dolawati and their two children reside. Vedprakash used to doubt the character of his wife. He suspected that the sister of the informant also used to help her wife in doing wrong things. On this ground, a quarrel took place on 19/6/2020 between Ved Prakash and his wife. He said that he would not keep her with him upon which the informant and her sister Nankun Bai (hereinafter referred to as 'the deceased') took the wife of the Vedprakash to the house of former Sarpanch of the village Surendra Kumar Rana. On 20/6/2020 at about 5:30 a.m. when she and the appellant were at home, at that time, Nankun Bai came to their house and was advising the appellant not to quarrel with his wife. Upon this, the appellant got enraged and stated as to who she was to give him any advice and stated that she helps her wife in doing wrong things and he would kill her on that day. Uttering all these words, the appellant brought a sword like weapon from a room and assaulted on the neck of deceased. The deceased fell on the ground and died.