BANSHIRAM PARDHI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of impugned judgment and order dated 4-5-2010 passed by the Sessions Judge, Raipur in S.T. No. 221/2009 convicting the accused appellant under Section 302 of IPC and sentencing him to undergo imprisonment for life with fine of Rs. 100/-, in default of payment of fine to further undergo additional RI for one month.

(2.) As per prosecution case, on 29-8-2009 at about 2.00 pm, accused/appellant committed murder of his wife Saraswati Bai by causing several injuries on her head by a crowbar. Dehati nalishi Ex. P-1 was recorded on 29-8-2009 at the instance of P.W. 3 Ashok Pardhi son of accused and the deceased. On the basis of said dehati nalishi, FIR Ex. P-9 was registered on 29-8-2009 against the accused/ appellant under Section 302, IPC. Post mortem on the body of deceased was conducted by P.W. 6 Dr. Shivnarayan Manjhi on 29- 8-2009 and the autopsy surgeon had noticed number of fractures on the head of the deceased. According to him cause of death was due to hemorrhage and shock as a result of face and head injuries, death was homicidal in nature, injuries were caused with hard, blunt and heavy object. Trial Court framed charge under Section 302, IPC against the accused.

(3.) In order to establish the guilt of the accused/appellant prosecution examined six witnesses. Statement of accused/appellant was also recorded under Section 313 of Cr.P.C. in which he denied the charges levelled against him and pleaded his innocence and false implication in the case.