SULENDRA SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal filed under Sec. 374(2) of Cr.P.C., by the appellant-accused is directed against the impugned judgment of conviction and order of sentence dtd. 19/12/2016, passed by the Sessions Judge, Surajpur in Sessions Case No.18 of 2016, 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, sentenced to undergo additional rigorous imprisonment for 06 months.

(2.) The case of the prosecution, in brief, is that in the intervening night of 27/28/11.2015, at Vilage Ramnagar within the ambit of Police Station Brishrampur, the accused-appellant herein assaulted his wife namely, Indraso Bai (for short the 'deceased') by means of lathi/danda, hand and fist, due to which, she suffered grievous injuries and died and, thereby, the appellant is said to have committed offence under Sec. 302 of IPC.

(3.) The further case of the prosecution is that on the date of offence, at about 08:00 PM in the evening, when appellant herein returned to his house, his wife (deceased) was found under the influence of hadiya liquor and she has also not given food to her 04 minor children, on account of which, the appellant became angry and assaulted his wife (deceased) by means of firewood, hand and fist, due to which, deceased suffered injuries and fell down on the floor in faint condition. Thereafter, the appellant brought the deceased in conscious state by pouring water on her and also gave her water to drink, thereafter, the deceased slept in the night and in the next morning she died.