TANGARU PAHADI KORAWA Vs. STATE OF C.G.

JUDGEMENT

(1.) Invoking criminal appellate jurisdiction of this Court under Sec. 374(2) of the Code of Criminal Procedure, 1973 (in short 'Cr.PC'), the present criminal appeal has been preferred by the appellant, calling in question the legality, validity and correctness of the judgment dtd. 2/9/2015 passed by the learned Additional Judge to Additional Sessions Judge, Ramanujganj, District Sarguja (Ambikapur) CG in Sessions Case No.R-13/2013, by which, the appellant has been convicted and sentenced as under :-

(2.) Case of the prosecution, in short, is that in between 21/6/2013 and 23/6/2016, the appellant assaulted his wife Jalahi Bai and in order to screen himself from the offence, concealed her dead body and thereby, committed the offence. Poko Pahadi Korwa (died during trial), brother of Jalahi Bai, gave an information vide Ex.P-4 to the Police on 23/6/2013 stating that on 21/6/2013, the appellant along with his wife (deceased) had come to his house for inviting him to attend a death ritual program of his father. At about 12:00 noon, while returning, some quarrel took place between the appellant and his wife Jalahi Bai, during which, he hit her twice with the handle of a Tangia. When Polo Pahadi Korwa forbade him from doing so, he along with his wife left his house crossing a barren field. Subsequently, on 23/6/2013, the dead body of Jalahi Bai was found lying under a tree in the said area . Thereafter, inquest report (Ex.-P/6) was prepared and the FIR (Ex.-P/3) was registered. The dead body of the deceased was sent for postmortem examination, which was conducted by Dr. Shashikala Toppo (PW-6) and she gave her report vide Ex.P/7A opining that the cause of death was shock due to excessive subdural haemorrhage and head injury; and the death was homicidal in nature.

(3.) Pursuant to the memorandum statement (Ex.P/10) of the appellant, a Tangia was seized vide Ex.P/11. After due investigation, the appellant herein was chargesheeted for the aforesaid offences and the case was committed to the Court of Sessions for trial in accordance with law. The appellant / accused abjured his guilt and entered into defence.