(1.) This criminal appeal filed by the appellant-accused under Sec. 374(2) of Cr.P.C. is directed against the impugned judgment of conviction and order of sentence dtd. 17/8/2023, passed by the learned Sessions Judge, Surajpur, District Surajpur (C.G.) in Sessions Trial No.43/2020, whereby the appellant-accused has been convicted for offence under Ss. 302 and 201 of the IPC and sentenced to undergo imprisonment for life and fine of Rs.500.00 in default of payment of fine, to further undergo additional rigorous imprisonment for one month and sentenced to undergo rigorous imprisonment for two years and fine of Rs.500.00 in default of payment of fine, to further undergo additional rigorous imprisonment for one month.
(2.) Case of the prosecution, in brief, is that complainant Sajjan Ram (PW-01) lodged Dehati Nalishi (Ex.P-1) at Police Out Post-Basdei, Police Station Surajpur against the appellant stating inter-alia that on 17/4/2020, the appellant caused the death of his wife Basanti @ Shivkunwar in his house at village Bhavrahi, Police Station and District Surajpur (C.G.). He committed the crime of murder by causing her death by beating her with hand, fist, kicks and stick with an intention to kill her and with intention of shielding himself from legal punishment of murder, he buried the body of the deceased/wife in the courtyard of his house and destroyed the evidence of murder.
(3.) On receiving the said information, police officials reached the house of accused-appellant, where after taking information from the appellant regarding his wife Basanti @ Shivkunwar, accused told that at around 03:00 AM, his wife left the house and he locked the house and went away. On being suspicious, he saw from the back side of the house and found that the court-yard soil has been dug. The accused/appellant beat his wife over family matters, killed her and buried the body in the court-yard with the intention of hiding the evidence of murder. On the basis of complaint of Sajjan Ram, FIR (Ex.P/21) was lodged against the appellant for the offence under Ss. 302 and 201 of the IPC. Spot map was prepared by the investigating officer. Blood stains soil, plain soil and lock were recovered from the place of incident before Sajjan Ram (PW-01) and Devsharan (PW-05) vide Ex.P-10 and Ex.P-8. Memorandum statement of the appellant was recorded vide Ex.P-7 and on the basis of his memorandum statement, stick, shovel and crowbar were seized. After investigating, charge-sheet under Ss. 302 and 201 of the IPC was filed before the competent Court, he denied his guilt in his statement under Sec. 313 of the CrPC and stated that he is innocent and has been falsely implicated in the case. Dead body of the deceased was sent for postmortem examination to District Hospital, Surajpur where Dr. Seema Gupta (PW-15) conducted postmortem over the body of the deceased vide Ex.P-30 and found following injuries:-