KARTIK RAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The Appellant stands convicted under Section 302 IPC to life imprisonment with fine of Rs.1000, in the event of failure to pay which he was required to undergo six months further rigorous imprisonment as ordered on 31.8.2001 by the Additional Sessions Judge, Balod, Durg, in Sessions Trial No. 280 of 2000.

(2.) The deceased, Chaiti Bai is stated to have been assaulted at 7:00 am on 26.3.2000 and died. The Appellant is alleged to have dragged her inside his house and then assaulted her. The motive according to the FIR, Exhibit P -1, lodged the same day at 9:00 pm by PW -1, Lakhanlal was a fight between the Appellant and the deceased the previous evening. Post -mortem, Exhibit P -6, was conducted the same day by PW -5, Dr. B.R. Kosariya, who found the following injuries on the deceased: -

(3.) The Trial Judge held that PW-2, Kumari Duleshwari, aged about 10 years, and PW-3, Chanda Bai, aged approximately 60 years were reliable eye witnesses. The fact that the dead body was found inside the house of the Appellant weighed heavily in the mind of the Trial Judge concluding that the defence evidence by DW -1, Domar Singh and DW-2, Santram that the deceased was assaulted by her husband Johan, in his own house and she ran for safety to the house of the Appellant where she was assaulted again by her husband was not believable. Had it been so the Appellant would definitely have first lodged a police report and even pursued matters before higher authorities if it was not registered.