RAJESH KUMAR KORWA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 12-5-2011 passed by the 1st Additional Sessions Judge, Ambikapur, Distt. Sarguja in S.T. No. 158/2010 convicting the accused/appellant under Sections 302 and 201 of the IPC and sentenced him to undergo imprisonment for life with fine of Rs. 1,000/- under Section 302, IPC and to undergo R.I. for 5 years with fine of Rs. 500/- under Section 201, IPC plus default stipulations.

(2.) In the present case, name of the deceased is Sarita, wife of the accused/ appellant who died inside the house of the accused/appellant on 3-2-2010. On 4-2- 2010 at about 12.45 p.m. merg intimation Ex. P-9 was lodged by the accused/appellant before Police Station Ambikapur alleging that he is working as labourer. On the previous day i.e. 3-2-2010 at about 1.00 pm he had gone to cast his vote and stayed there only, however at about 10.00 p.m. P.W. 1 Rungul Yadav had informed him that his house has caught fire and when he reached in his house, he saw his wife Sarika lying on the cot and was in a burnt state. He immediately kept the deceased on the floor and during that he also suffered burn injuries on his left elbow. He has further stated that as there was none in the house and it was late night, he did not inform anyone but on the morning he narrated the entire incident to Sarpanch and Panchas and thereafter he is reporting the matter. Inquest on the body of the deceased was performed vide Ex. P-3 on 4-2-2010 and thereafter the body was sent for post mortem which was conducted by P.W. 11 Dr. J.P. Sahu on 5-2-2010. The autopsy surgeon noticed following 12 injuries on the body of the deceased:

(3.) After receiving the post mortem report and doing preliminary investigation, FIR Ex. P-14 was registered against the accused/appellant under Sections 302 and 201 of IPC. After filing of the charge sheet, charges under Sections 302 and 201 of IPC were framed against the accused/appellant.