BHOLA RAM SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this appeal is to the judgement of conviction and order of sentence dated 12.10.2010 passed by the Sessions Judge, Dhamtari in Sessions Trial No. 44 of 2010, whereby and whereunder the trial Court after holding guilty for causing homicidal death amounting to murder of his Bahu (younger brother's wife) Smt. Chameli Sahu, W/o Neelkanth Sahu, convicted the appellant under Section 302 of the IPC and sentenced him to undergo imprisonment for life and to pay fine of Rs.10000/-, in default of payment of fine amount to further undergo R.I. for two years.

(2.) Conviction is impugned on the ground that without there being an iota of evidence, the trial Court has convicted and sentenced the appellant as aforementioned and thereby committed illegality.

(3.) As per case of the prosecution, on 26.04.2010 at about 6.45 p.m., the unfortunate deceased - Chameli Sahu was doing construction work of her house at village Sambalpur and her younger sister complainant - Savitri Bai (PW-1) was also helping her. When the mason finished his work and left the construction site, both deceased and complainant were watering the soil, at that juncture accused/appellant came from behind and assaulted 3-4 blows over the head of deceased - Chameli Sahu by wooden plank and fled away from the spot, as a result of which blood started oozing from the head of the deceased and she fell down into the mud. Shavitri Sahu (PW-1) raised alarm and when villagers came there, she informed them about the incident. She also informed about the incident to husband of deceased namely Neelkanth Sahu (PW-3) on his mobile. Thereafter, Chameli Sahu was taken to Masihi Hospital, Dhamtari, where she succumbed to injuries. Incident was reported by Shavitri Sahu (PW-1) at police station, Arjuni, where FIR (Ex.P-2) was registered as Crime No. 127/2010 against the accused/appellant under Section 302 of the IPC. Merg was registered vide Ex.P-1.