LALMOHAN RAJWARE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This case has been listed for hearing on application for suspension of sentence and grant of bail. After hearing learned counsel for the parties for some time and having gone through the evidence on record, we felt that this is a fit case where if the parties are ready, it can be finally heard and decided today itself. Therefore, with the consent of learned counsel for the parties, the appeal is heard finally.

(2.) This appeal is directed against the judgment dated 7.10.2013 delivered by learned Additional Sessions Judge, Surajpur in Sessions Trial No.346/2012 whereby the appellant has been convicted for having committed an offence punishable under Section 302 IPC and sentenced him to undergo imprisonment for life and to pay fine of Rs.500/- and in default of payment of fine, to undergo further simple imprisonment for one month.

(3.) The prosecution story briefly stated is that the accused was married to deceased- Fulbasiya. According to prosecution, the relation between two were strained and husband was suspecting his wife of having some illicit relation with some other person. This being the motive, he, on 1.8.2012 committed murder of his wife with the help of pahsul (a curved sharp edged instrument used for cutting vegetables). The 'Merg' intimation (Ex. P-1) was lodged on the information of Sukhlal Rajwade (P.W.1) in the Police StationJainagar in which he stated that he along with the accused lived in one house and that the accused Lalmohan used to doubt the fidelity of his wife Fulbasiya and on 1.8.2012 after the wife of the informant had gone for work and the children had gone to school, the accused- Lalmohan was alone with his wife and at that time he used a pahsul to commit murder of his wife by giving cut on her throat. On the basis of this information, FIR (Ex.P-2) was lodged. Thereafter, investigation started and after the investigation was completed, charge sheet under Section 173 Cr.P.C. was filed against the accused-appellant having committed the offence of murder of his wife. After trial, the accused was convicted and sentenced as aforesaid. Aggrieved by the said judgment, this appeal has been filed.