OM PRAKASH SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment of conviction and order of sentence dated 26/10/2010 passed by the Additional Sessions Judge, Durg in 2 Sessions Trial No. 52/2009, whereby and whereunder the trial Court after holding the appellant guilty for causing homicidal death amounting to murder of his wife Kusma alias Sushma convicted the appellant under Section 302 of the Indian Penal Code (for short, 'the IPC) and sentenced him to undergo imprisonment for life and fine of Rs. 500/ -, in default of payment of fine to further undergo imprisonment for three months. Conviction is impugned on the ground that without there being an iota of evidence, the trial Court has convicted and sentenced the appellant as aforementioned and thereby committed illegality.

(2.) CASE of the prosecution, in brief, is that deceased Kusma alias Sushma was married with appellant/accused Om Prakash about 12 years prior to the date of incident. Three children were blessed out of their wedlock. On the fateful day of 14 -1 -2009 at about 7.30 a.m. brother of deceased Sushma, Vinod Kumar (P.W. 7) resident of village Gwara, Mandla (M.P.) received a telephonic message, through his neighbour named Amit, who was informed by mother -in -law of the deceased that his sister Sushma has died. After receiving the message, Vinod Kumar (P.W. 7) told them to keep the dead body as it is until they reach there. Thereafter, Vinod Kumar (P.W. 7) came to Bhilai, place of incident, and found injuries on neck, back of body and eyes of the deceased. The neighbour of deceased told to Vinod Kumar (P.W. 7) about the quarrel by accused/appellant with deceased. Vinod Kumar (P.W. 7) gave in writing the information at police station, Chhavani, where Merg Intimation (Ex. P -1) was registered.

(3.) VISCERA and organs of the deceased were seized vide Ex. P -12. Accused was taken into custody, he made disclosure statement of wooden plank and container of poisonous substance, same were recovered at the instance of the appellant vide Ex. P -11. Seized articles were sent for chemical examination to FSL vide Ex. P -19, from where report (Ex. P -23) has been received.