(1.) This appeal arises out of the impugned judgment of conviction & order of sentence dated 27.9.2011 passed by the 1st Additional Sessions Judge, Raigarh in S.T. No.160/2010 convicting the accused/appellant under Section 302 of the Indian Penal Code (for short 'the IPC') and sentencing him to undergo rigorous imprisonment for life.
(2.) In the present case name of deceased is Fulmati Bai, wife of accused/ appellant. It is alleged that on 5.8.2010 the accused/appellant after bolting the door of his house from inside had assaulted the deceased with hands, fists & club causing various injuries. Upon receiving telephonic information, PW-1 Kartikram Rawat, brother of deceased, along with others came to the house of accused/appellant and saw her sister lying in injured condition. He immediately arranged for a jeep and brought the deceased to his house, however, on the way she succumbed to the injuries caused by accused/appellant On 6.8.2010 Kartikram (PW-1) lodged FIR (Ex.P-1) under Section 302 of the IPC against the accused/appellant. Merg Intimation (Ex.P-2) was also recorded on 6.8.2010. The Investigating Officer after summoning the witnesses, prepared inquest over the body of deceased vide Ex.P-7. Dead body was sent for post-mortem examination to the Community Health Centre Dharamjaigarh where Dr. B.L. Bhagat (PW-11) conducted post mortem vide Ex.P-11 and noticed following injuries:-
(3.) In order to convict accused/appellant, the prosecution had examined 15 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.