LALDEV BHUIHAR Vs. STATE OF C.G.

JUDGEMENT

(1.) This appeal arises out of the impugned judgment of conviction & order of sentence dated 28.5.2010 passed by the Additional Sessions Judge, District Jashpur in S.T. No.35/2008 convicting the accused/appellant under Section 302 of the Indian Penal Code (for short 'the IPC') and sentencing him rigorous imprisonment for life and fine of Rs.100/-, in default to undergo S.I. for 10 days.

(2.) As per case of the prosecution, on 10.2.1998 at about 8.30 p.m. the accused/ appellant came back to his house from his work place and demanded food from his wife Agarmati Bai (since deceased). She was in drunken condition and replied that she has not cooked food. He asked her to cook food which she denied therefore he firstly assaulted her in the courtyard with the stick made of paper and thereafter took her inside and assaulted her by hand, fist and blunt side of pickaxe as a result of which she sustained injuries and died. Accused/appellant fled from the spot after locking the house. Next day, dead body of the deceased was found inside the house. FIR (Ex.P-1) was lodged by Arjun (PW-1), neighbour of accused/appellant & deceased, against accused/appellant based on which offence under Section 302 of the IPC was registered against him. Merg Intimation was also recorded vide Ex.P-4. In the FIR it has been alleged by Arjun (PW-3) that on the previous night he saw the accused/appellant and the deceased quarrelling with each other, he made them understand and on the next morning, the deceased was found dead inside the house. The Investigating Officer left for scene of occurrence and after summoning the witnesses, prepared inquest over the dead body of deceased vide Ex.P-6. Dead body of the deceased was sent for autopsy to the Community Health Centre Kunkuri where Dr. (Smt.) K. Kujur (PW-10) conducted autopsy vide Ex.P-18 and noticed following injuries;-

(3.) In order to convict accused/appellant, the prosecution had examined eleven witnesses in all. Statement of accused/appellant was recorded under Section 313 of Cr.P.C. in which he denied the circumstances appearing against him in the prosecution case and pleaded innocence & false implication.