SURESH MIRI Vs. STATE OF C.G.

JUDGEMENT

(1.) Invoking criminal appellate jurisdiction of this Court, the sole appellant herein has preferred this criminal appeal under Sec. 374(2) of Cr.P.C., calling in question the legality, validity and correctness of the impugned judgment of conviction and order of sentence dtd. 7/8/2019, passed in Sessions Case No.H-21 of 2018, by the Additional Sessions Judge, Bhatapara, District Balodabazar-Bhatapara (CG), whereby he has been convicted for offence: under Sec. 302 of IPC and sentenced to undergo imprisonment for life with fine of Rs.1,000.00 and, in default of payment of fine, sentenced to undergo additional rigorous imprisonment for 03 months and also under Sec. 201 of IPC and sentenced to undergo rigorous imprisonment for 02 years with fine of Rs.1,000.00 and, in default of payment of fine, sentenced to undergo additional rigorous imprisonment for 03 months.

(2.) The case of the prosecution, in short, is that on 17/7/2018, at about 13:00 hours, at HIG-10, Housing Board Colony, Shaheed Veernarayan Singh Ward, Patpar, Bhatapara, District Balodabazar-Bhatapara (CG), the accused-appellant herein suspecting character of his wife, namely, Laxmi Bai (hereinafter referred to as the "deceased) committed her murder by electrocuting her and, further, in order to screen himself from the legal punishment and also in order to give shape of accident to the said incident, tried to hide the evidence relating to murder of the deceased and, thereby, said to have committed the aforesaid offence.

(3.) It is further case of the prosecution that when brother of the deceased, namely, Shiva (PW-02) reported the matter to the police, merg intimations (Ex.P/05 & Ex.P/16) and FIR (Ex.P/17) were registered and wheels of investigation started running, in which, summons under Sec. 175 of CrPC were sent vide Ex.P/01 and inquest proceedings were conducted vide Ex.P/02. Spot map was prepared vide Ex.P/12. The dead-body of the deceased was sent for postmortem examination, which was conducted by Dr. Jayant Toppo (PW-10) and, as per PM report (Ex.P/13), it has been opined that cause of death of the deceased is shock due to electric current, however, nature of death could not been ascertained whether it is homicidal or accidental. The appellant-accused was arrested vide Ex.P/11 and his memorandum statement was recorded vide Ex.P/07. Pursuant to the memorandum statement of the appellant, one GI wire was recovered vide Ex.P/09. Further, on production by the appellant, clothes of the deceased (i.e. petticoat) and one tester (tool) was seized vide Ex.P/10. The seized articles (i.e. GI wire and petticoat belonging to the deceased) were sent for chemical examination and, in FSL report (Ex.P/23), it has been opined that yellow stains were found in petticoat which were marked as Exhibit-A and electric current was found flowing freely in the wire marked as Exhibit-B. After statements of witnesses were recorded and due investigation, the police filed charge-sheet against the appellant in the competent criminal court having jurisdiction and, thereafter, the case was committed to the Court of Sessions for hearing and trial in accordance with law, in which the appellant/accused abjured his guilt and entered into defence by stating that he is innocent and has been falsely implicated.