SHIVSHANKAR CHAKRESH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This Criminal Appeal, under Sec. 374(2) of CrPC, has been preferred by the appellant against the Judgment and Order dtd. 9/5/2017 passed by Additional Judge to the Additional Sessions Judge, Kunkuri, District Jashpur in Sessions Trial No.48/2016, by which the appellant has been convicted for the offence punishable under Sec. 302 of IPC and sentenced to undergo Imprisonment for Life and fine of Rs.500.00 and, in default of payment of fine, to undergo additional R.I. for two months.

(2.) Case of the prosecution, in brief, is that on 29/7/2016 at about 4:30 p.m. at Village Kumhartoli Khas, Tapkara under Police Station Tapkara, District Jashpur, the appellant assaulted his wife, Pramila, by wooden cot leg (khura) on account of which, she sustained grievous injuries and died.

(3.) On 30/7/2016 at 9:30 a.m., a Merg Intimation was lodged by Vijay Chakresh (PW-6), son of the appellant and the deceased, at Police Station Tapkara intimating that on 29/7/2016 when he was working in the Cycle Store of one Virendra Choudhary, Rupesh Ram Yadav (PW-4) informed him that his father was beating his mother. He immediately reached home and found his mother lying unconscious in the courtyard of his house and there were internal injuries on her waist, thigh and both legs and thereafter at about 7:30 p.m. she succumbed to the injuries sustained by her. According to him, the injuries sustained by the deceased was caused by his father, the appellant.