GOVERDHAN SAHU Vs. STATE OF C.G.

JUDGEMENT

(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. 20/3/2020, passed by learned Sessions Judge, Bemetara, District - Bemetara (C.G.) in Sessions Trial No. 50/2019, whereby the appellant-accused has been convicted for offence under Sec. 302 of IPC and sentenced to undergo life imprisonment with fine of Rs.100.00 and, in default of payment of fine, to further undergo additional imprisonment for three month.

(2.) The case of the prosecution, in brief, is that on 14/8/2019 at about 07:00 am, the appellant assaulted his wife Reena Bai Sahu (now deceased) by means of wooden stick, by which she suffered grievous injuries and died, thereby, committed the offence under Sec. 302 of IPC.

(3.) The further case of the prosecution, in a nutshell, is that the accused/appellant used to assault his wife Reena Bai (deceased) suspecting that she had done black magic on him. He admitted to his father-in-law, Ramkumar Sahu (PW-8) on 11/8/2019. After that on 14/8/2019 at 07:35 am, Chandrabhushan Sahu from village Chilphi called Ramkumar (PW-8), father of the deceased and told him that Reena Bai was very serious, then he came to village Chilphi with his wife Seetabai (PW-10) and saw that his daughter was lying dead, due to injuries on her head and forehead. On asking, he came to know that the accused/appellant had killed his wife-Reena Bai by assaulting her by means of a wooden stick. On the information of Rajkumar (PW-8) Dehati Nalsi (Ex.P-8) was registered and Dehati Merg Intimation (Ex.P-7) was registered. FIR was registered vide Ex.P-24 against the appellant-accused. Inquest proceedings were conducted vide Ex.P-03. The deadbody of deceased was sent for postmortem examination and in the postmortem examination report (Ex.P-10), Dr. Avinash Markandey (PW-9) opined that the cause of death seems to be severe blood loss due to brain damage as a result of antemortem injury to the head and nature of death is homicidal. Thereafter, appellant-accused was arrested vide Ex.P-21 and his memorandum statement was recorded (Ex.P-17). Seizure of articles were made vide Exs.P-11 to 14 and sent for chemical examination to FSL. In FSL report (Ex.P-33) human blood was found on stick (article-F).