HORIL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) of the CrPC preferred by the appellant-accused herein is directed against the impugned judgment of conviction and order of sentence dtd. 8/12/2016 passed by the Sessions Judge, Janjgir-Champa, Chhattisgarh in Sessions Trial No. 107/2016 by which appellant has been convicted for offence under Sec. 302 of the IPC and sentenced to undergo rigorous imprisonment for life and to pay fine of ?1,00/-; in default of payment of fine amount additional rigorous imprisonment for 5 days.

(2.) Case of the prosecution in, nutshell, is that on 4/7/2016 at about 9:30 pm at village Piparada, Police Station-Bamhnidih, District - Janjgir - Champa, Chhattisgarh, appellant picked up her 23 days old daughter from cot and threw her on the ground by which she suffered grievous injuries and died. It is further case of the prosecution that on the date of offence i.e. 4/7/2016 under the influence of liquor, appellant cursed his wife Basanti Bai (PW-1) by saying that she has given birth a girl child and also abused her, due to which quarrel took place between them and out of anger, in the heat of moment, appellant picked his 23 days old daughter from the cot and threw her on the ground by which she suffered grievous injuries and died. The said incident was witnessed by Basanti Bai (PW-1), who after seeing the said incident shouted and fell down unconsciously. Basanti Bai (PW-1) informed the said incident to her father Rameshwar Patel (PW-2), who came at the spot immediately after hearing the shout of Basanti Bai (PW-1). Thereafter, Rameshwar Patel (PW-2) informed about the said incident to the police, pursuant to which merg intimation (Ex.P/1) was registered (information of sudden and untimely death) and FIR was also registered vide Ex.P/2). Inquest proceedings (Ex.P/5) were conducted and the dead body of the deceased was sent for postmortem. As per postmortem report (Ex.P/9) proved by Dr. Nilesh Mahobia (PW-6) cause of death was haematoma of brain due to severe internal injury of the brain that is caused by heavy struck (contact) of the head over hard surface and homicidal in nature.

(3.) After due investigation, appellant herein was charge-sheeted for the aforesaid offence and the case was committed to the Court of Sessions for trial in accordance with law. The appellant / accused abjured his guilt and entered into defence.