LAKHAN BASOR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 19-4-2004 delivered by Shri A. K. Pathak, Learned Additional Sessions Judge, Baikunthpur, Korea in Sessions Trial No. 9/2004 whereby the appellant was convicted under Section-304 Part-I of the IPC and was sentenced to rigorous imprisonment for 6 years and fine of Rs. 2,000/- and in default of payment of fine to undergo additional rigorous imprisonment for 4 months.

(2.) It is not disputed that the deceased Baijanti Bai was the wife of the appellant. It is also not disputed by learned counsel for the appellant during the course of arguments that death of Baijanti Bai on 9-11-2003 was homicidal in nature. The appellant also admitted in his examination under Section 313 of Cr. P.C. that he was examined on 10-11-2003 by Dr. Ashish Karan PW-6 who had found a lacerated wound on the back of head size 1 x 1/2 x muscle deep which was caused within 24 hours prior to examination.

(3.) Briefly stated the prosecution case is that on 9-11-2003 the appellant had a quarrel with his wife Baijanti Bai inside the house during which Baijanti Bai assaulted the appellant Lakhan Basor with a brick on the head. Infuriated by this, the appellant also assaulted Baijanti Bai with a brick on the back portion of her head as also on her stomach. Baijanti Bai died on the spot. Supervisor PW-5 and Banwari PW-11 along with Run Sai PW-1 father of the deceased reached the spot and saw Baijanti Bai lying dead. The appellant made an extra judicial confession before these witnesses of having caused the death of Baijanti Bai by assaulting her by a brick. Merg intimation Ex. P1 and FIR Ex. P2 was lodged by Run Sai PW-1 at Police Station, Baikunthpur on 10-11-2003. Dr. Ashish Karan PW-6 conducted the autopsy on the dead body of Baijanti Bai on the same day at 4 p.m. and found one abrasion of 1" x " at the posterior half of vertex left side. On dissection, haemotoma was found at the posterior half of the vertex left side measuring 2" x 2" and another haemotoma was present above and beneath the membrane. Spleen was ruptured. Wound was 4" x 6" in size. Peritoneal cavity was filled with blood. It was opined that death of Baijanti Bai was due to haemorrhagic shock due to rupture of spleen and coma due to head injury.