NEELKANTH VERMA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 28.2.2011 passed by the Sessions Judge, Rajnandgaon (CG) in S.T. No.21/2010 convicting the accused/appellant under Section 302 of the Indian Penal Code (for short 'the IPC') and sentencing him to undergo imprisonment for life & fine of Rs.3,000/-, in default to undergo additional R.I. for 01 year.

(2.) In the present case name of deceased is Pushpa Bai, wife of accused/ appellant. The prosecution story, in brief, is that accused/appellant had taken loan of Rs.20,000/- from his co-brother and as he was not returning the same, there used to be frequent quarrel between him and deceased. In the intervening night 31.1.2010 & 1.2.2010 also they had a quarrel on the aforesaid issue and in that process the accused/appellant committed murder of the deceased by pressing her neck with the help of scarf (pqujh). At the instance of Sevakram (PW-9), Merg Intimation (Ex.P-10) was recorded on 1.2.2010 at 10.30 a.m. Inquest (Ex.P-2) was prepared on the dead body by Smt. Madhu Harsh (PW-3). Body of the deceased was sent for post-mortem examination which was conducted jointly by Dr. R. Sadani & Dr. Sajida Alam (PW-4) vide Ex.P-3 on 1.2.2010 and they had noticed following injuries & symptoms:

(3.) So as to hold the accused/appellant guilty, the prosecution has examined as many as 11 witnesses. Statement of accused/appellant was recorded under Section 313 of Cr.P.C. in which he denied the circumstances appearing against him in the prosecution case, pleaded innocence and false implication. He has also taken a defence that the deceased had committed suicide.