JAI PRAKASH DUBEY Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 14.11.2011 passed by the II Additional Sessions Judge, Ambikapur, Distt. Surguja (CG) in S.T.No.237/2010 convicting the accused/appellant under Sections 302 and 201 of IPC and sentencing him to undergo imprisonment for life, pay a fine of Rs.1000/- and RI for five years, pay a fine of Rs.500/- with default stipulations respectively.

(2.) As per prosecution case, deceased Babita Devi, wife of the accused/appellant, was having illicit relations with one Janardan and on account of that on 4.3.2010 at 6.30 am the accused/appellant committed murder of Babita in his house by causing as many as 16 axe injuries on various parts of her body. The incident was witnessed by PW-3 Sourabh Kumar Dubey, son of the appellant and the deceased. Dehati merg (Ex.P/11) was lodged on 4.3.2010 at 9.20 am by PW-15 Ganesh and thereafter, merg intimation Ex.P/21 was recorded on the date date at 3.10 pm. FIR (Ex.P/22) was registered against the accused/appellant on 4.3.2010 at the instance of PW-15 under Section 302 of IPC. Thereafter, inquest over the dead body was prepared vide Ex.P/7 and then the body was sent for postmortem examination, which was conducted by PW-12 Dr. Smt. Shashikala Toppo on 4.3.2010 vide Ex.P/23 wherein she noticed as many as 16 injuries including seven lacerated wounds and depressed fracture of left frontal bone of skull. In her opinion, the cause of death was hypovolumic shock due to excessive hemorrhage on account of injury to vital internal organ and head. After investigation charge sheet was filed against the appellant and co-accused Shashank Dubey under Section 302, 120B of IPC. However, the trial Court framed charges under Sections 302, 201 of IPC against the appellant and under Section 120B of IPC against co-accused Shashank Dubey.

(3.) So as to hold the accused/appellants guilty, the prosecution examined as many as 15 witnesses. Statements of the accused persons were also recorded under Section 313 of Cr.P.C. in which they denied the circumstances appearing against them in the prosecution case, pleaded innocence and false implication.