SHANKAR LAL DEWANGAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been filed against the judgment of conviction and order of sentence dated 31.3.2011 passed by the Additional Sessions Judge (FTC), Bemetara in S.T. No.9/10 whereby the accused/appellant has been convicted under Section 302 of the Indian Penal Code (for short 'the IPC') and sentenced to undergo R.I. for Life and fine of Rs.2,000/-, in default to undergo additional R.I. for 06 months.

(2.) Accused/Appellant is the husband of deceased Rambai. As per case of the prosecution, on 13.6.2009 at about 6.00 a.m. in the morning the accused/appellant had left his house for the agricultural field. On the same day at about 9.00 a.m., wife of accused/appellant namely Rambai (since deceased), along with other family members had also reached the agricultural field. At about 2.00 p.m. in the afternoon, except the appellant and his wife Rambai, all the members returned home for taking lunch. However, when the accused/appellant and his wife did not return till evening then they were searched and during the course of search, the body of the deceased with injuries was found lying in the field. Merg Intimation No.37/09 was recorded. During investigation, it revealed that the accused/appellant caused death of the deceased by assaulting her with stone. Thereafter at the instance of Mahendra Dewangan, son of the accused/appellant & the deceased, FIR (Ex.P-15) was recorded against the accused/appellant under Section 302 of IPC. Inquest on the body was performed vide Ex.P-2. Dead body was sent for post-mortem examination which was conducted by Dr. Jitendra Kunjaam (PW-10) vide Ex.P-14 on 14.6.2009. The autopsy surgeon has noticed following injuries:-

(3.) The prosecution in order to bring home the charge levelled against the accused/appellant had examined 17 witnesses in all. Statement of accused/ appellant was recorded under Section 313 of Cr.P.C. in which he abjured his guilt and pleaded innocence & false implication.