RAM RATAN PAIKRA Vs. STATE OF C.G.

JUDGEMENT

(1.) Invoking criminal appellate jurisdiction of this Court, the sole appellant herein has preferred this criminal appeal under Sec. 374(2) of Cr.P.C., calling in question the legality, validity and correctness of the impugned judgment of conviction and order of sentence dtd. 28/2/2017, passed by the 2ndAdditional Sessions Judge, Manendragarh, District Koriya (C.G.) in Sessions Case No.49 of 2015 (State of Chhattisgarh v. Ram Ratan Paikra @ Bhunuwa), whereby he has been convicted for offence under Sec. 302 of IPC and sentenced to undergo imprisonment for life with fine of Rs.2,000.00 and, in default of payment of fine amount, additional simple imprisonment for 06 months.

(2.) The case of the prosecution, in short, is that on 23/2/2015, in the night at about 10-11 PM, in his own house, situated at Village Chirmi, Lahiridand within the ambit of Police Station Khadgawan, District Korea (CG), the accused-appellant herein assaulted his wife, namely, Sunti Bai (hereinafter referred to as the "deceased") by means of spade (fawda) on her neck and head, due to which, she suffered grievous injuries and died and, thereby, said to have committed offence under Sec. 302 of IPC.

(3.) It is further case of the prosecution that on 24/3/2015, the accused-appellant herein lodged report at Police Station Khadgawan to the effect that as his wife (deceased) used to have conversation with some other person/male via mobile phone and he asked her not to talk with the said person, but still the deceased by hiding herself used to talk, on that account, he (appellant) assaulted his wife (deceased) by means of spade and caused her murder. On the basis of said report, the police registered un-numbed merg intimation (Ex.P/20) and Dehati FIR (Ex.P/19) and wheels of investigation started running, in which, summons under Sec. 175 of CrPC were sent vide Ex.P/14A and inquest proceedings were conducted vide Ex.P/14. Spot map and 'panchnama' were also prepared vide Ex.P/05 and Ex.P/21 respectively. Numbered merg intimation (Ex.P/08) and FIR (Ex.P/09) were also registered. The dead-body of deceased was sent for postmortem examination, which was conducted by Dr. H.P. Singh (PW-06) and, as per PM report (Ex.P/12A), cause of death of the deceased has been opined to be shock due to excessive intra cranial hemorrhage and nature of death is homicidal. The appellant-accused was arrested vide Ex.P/16 and his memorandum statement was recorded vide Ex.P/01. Pursuant to the memorandum statement of the appellant, weapon of the offence i.e. spade was seized vide Ex.P/02. Certain other articles i.e. gamcha, sari, mobile handset etc. were also seized from the spot vide Ex.P/03. The aforesaid seized articles were sent for chemical examination and as per FSL report (Ex.P/22) it has been opined that apart from other articles stains of blood were also found on the spade seized pursuant to the memorandum statement of the appellant. After statements of witnesses were recorded and completion of the investigation, the police filed charge-sheet against the appellant in the competent criminal court having jurisdiction and, thereafter, the case was committed to the Court of Sessions for hearing and trial in accordance with law, in which, the appellant/accused abjured his guilt and entered into defence by stating that he is innocent and has been falsely implicated.