SHANKAR HATHILE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal preferred by the appellant herein under Sec. 374(2) of the Cr.P.C. is directed against the impugned judgment of conviction and order of sentence dtd. 13/1/2017 passed by the learned Additional Judge, Dongargarh to the Court of First Additional Sessions Judge, Rajnandgaon, District Rajnandgaon (CG) in Sessions Trial No.08/2016, by which, he has been convicted and sentenced as under:- <FRM>JUDGEMENT_88_LAWS(CHH)1_2024_1.html</FRM>

(2.) The case of the prosecution, in short, is that on 28/11/2015, in between 08 to 11 AM at Village Devkatta, Thana Dongargarh, the appellant herein has assaulted his wife- Sukma Bai, aged about 75 years by grinding stone (silbatta lodha), by which, she suffered grievous injuries and died and thereafter in order to screen himself from the offence, hide the grinding stone and blood stained clothes; and thereby committed the aforesaid offence.

(3.) Further case of the prosecution is that on the date of incident i.e. 28/11/2015, in between 08 to 11 AM at Village Devkatta, on an altercation regarding keeping the paddy (dhan) inside the house, the appellant assaulted his wife- Sukma Bai (since deceased) by grinding stone on her head, due to which, she suffered grievous injuries and died. Thereafter, she was taken to C.H.C. Dongargarh, where she was declared brought dead. The matter was reported to the Police by the Hospital Ward Boy, on the basis of which, Merg intimation was registered by the Police of Dongargarh vide Ex.P-2. Spot map was prepared vide Ex. P-4. First Information Report was lodged vide Ex. P-21. Inquest on the dead body of the deceased was prepared vide Ex.P-13. Dead body of the deceased was sent for postmortem examination to C.H.C., Dongargarh, where Dr. Narendra Golan (PW-11) conducted the postmortem and gave his report Ex.P-17 and opined that the cause of death was coma due to head injury and the death was homicidal in nature. Pursuant to memorandum statement of the appellant (Ex. P-9), one grinding stone and shirt of the appellant were seized vide Ex.P-8. Confessional Panchanama of the appellant was recorded vide Ex.P-10. Blood stained soil and plain soil were seized vide Ex. P-7. Clothes of the deceased were seized vide Ex.P-20. The seized articles were sent for chemical examination to the Forensic Science Laboratory, Raipur and as per F.S.L. report Ex. P-24, human blood was found on the grinding stone and shirt of the appellant.