MAYARAM VISHWAKARMA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been filed against the judgment of conviction and order of sentence dated 10-9-2004 passed by Additional Sessions Judge, Rajnandgaon, in Sessions Trial No. 121/2004 convicting the accused/appellant under Sec. 302, Penal Code and sentencing him to undergo imprisonment for life with fine of Rs. 2000.00, plus default stipulation.

(2.) Name of the deceased in the present case is Rajwati wife of the accused/appellant. It is alleged that on 26-1-2004 the accused and the deceased both had consumed liquor together and while returning from the market on bicycle, on account of being under the influence of liquor, the deceased got down and sat by the side of the road. It is alleged that when she did not pay heed to the words of the accused to get up and leave for home, he thrashed her with leg and fist and holding by hair hit her head against the street which he did for two-three times as a result of which profuse bleeding started resulting in her death. Merg intimation (Ex. P-l) was recorded on 27-6-2004 at the instance of village Kotwarin Rambai (PW-1). After giving notice Ex. P-2, inquest was done vide Ex. P-3 and then the body was sent for post-mortem examination which was conducted by Dr. N. K. Verma (PW-7) who gave his report Ex. P-7. After merg inquiry, FIR Ex. P-6 was registered against the accused/appellant under Sec. 302, Penal Code and then on completion of investigation, charge-sheet was filed against him under Sec. 302, Penal Code followed by framing of charge accordingly.

(3.) In order to prove the complicity of the accused/appellant in the crime in question, the prosecution has examined 11 witnesses. Statement of the accused/appellant under Sec. 313, Cr. P.C. was also recorded in which he denied his guilt and pleaded innocence and false implication in the case.