(1.) THIS appeal is directed against the judgment of conviction and order of sentence dated 24th January, 2001 passed by the Additional Sessions Judge, Sakti, in Sessions Trial No. 373/2000, whereby learned Additional Sessions Judge after holding the accused/Appellant guilty under Section 302 of the I.P.C. for committing the murder of his wife Gauri Bai, sentenced him to undergo imprisonment for life and to pay a fine of Rs. 1,000/-, in default of payment of fine to further undergo imprisonment for one month.
(2.) CASE of the prosecution, in brief, is that on 17-6-2000 at about 3.30 p.m. Gauri Bai, wife of the accused, aged about 45 years, R/o Milage: Bagrel was found dead in her house. As per the prosecution case, there was dispute between husband and wife, therefore, deceased Gauri Bai had gone to her maternal house, the accused went to his in-law's house, the matter was compromised on 1-4-1999 and in pursuance of that, the accused brought back his wife. The accused was suspecting the fidelity of his wife that his wife is having illicit relations with one Dhoomdas Rawat. On the fateful day, in the morning at about 7 am. Mongra bai saw that Gauri Bai was sitting at the gate of her house. Thereafter, at about 9 a.m. the deceased took buffalo for grazing and the accused had gone for work. The accused returned at about 3 p.m. He saw that his wife was cooking vegetable, seeing this, he became angry, pressed her neck and inflicted injuries on her chest with a chopper (?????) . After committing the murder of Gauri Bai, the accused went to tube well for washing his hands an Dhoti. After returning to his house, he informed his brother Ratiram through Babulal (P.W. 17) that his wife died on account of electrocution. In turn, Ratiram gave merg intimation (Ex. P-1) to Police Station: Janjgir-Champa.
(3.) AFTER completion of investigation, charge sheet was filed in the Court of Additional Chief Judicial Magistrate, Sakti, who in turn committed the case to the Sessions Judge, Bilaspur, from where learned Additional Sessions Judge, Sakti received the case on transfer for trial.