MAKHAN MANJHAWAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been filed against the judgment of conviction and order of sentence dated 05.04.2011 passed by Sessions Judge, Korba, in Sessions Trial No. 67/2009 convicting the accused/appellant under Section 302 IPC and sentencing him to undergo imprisonment for life with fine of Rs. 1000/-, plus default stipulation.

(2.) Briefly stated facts of the case are that on 26.2.2009 at 10 AM the accused/appellant committed the murder of his wife Koushaliya Bai by causing one injury on her head with the help of pestle (Moosli) and then went to the house of his cousin Hira Singh (PW-11) and narrated the incident to him. It is alleged that when Banshi Ram (PW-1) came to the house of the accused/appellant, he was sitting near the deadbody and on being asked he informd him to have killed his wife. Merg intimation Ex. P-6 was given on 26.2.2009 at about 8.5 PM at the instance of Ganesh Ram (PW-5) and then FIR Ex. P-7 was registered at about 8.15 PM under Section 302 IPC. Inquest was conducted on 27.2.2009 vide Ex. P-13 followed by postmortem examination which was conducted by Dr. R.K. Divya (PW-10) who gave his report Ex. P-8 stating that he noticed number of injuries (to be discussed later) and opined the cause of death as coma due to compression of brain as a result of head injury and the death was homicidal in nature. After completion of investigation, charge-sheet was filed against the accused/appellant under Section 302 IPC followed by framing of charge under the same section.

(3.) In order to prove the complicity of the accused/appellant in the crime in question, the prosecution has examined 13 witnesses. Statement of the accused/appellant under Section 313 Cr.P.C. was also recorded in which he denied his guilt and pleaded innocence and false implication in the case.