GAJENDRA KOSARIYA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been filed against the judgment of conviction and order of sentence dated 30.09.2011 passed by the Sessions Judge, Raipur, in Sessions Trial No. 40/2011 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.) In the present case name of the deceased is Saraswati Bai, wife of the appellant. As per the prosecution case, quite often there used to be quarrel between the accused/appellant and his wife and few months prior to the incident, deceased had left the house of the accused/appellant and was residing in her parent's house. It is said that the accused/appellant had gone to the house of his in-laws, brought his wife assuring that he would not ill treat her and keep properly. On 15.12.2010 at night a quarrel took place between the accused/appellant and the deceased. On second day i.e. 16.12.2010 at about 4-5.00 am he was abusing his wife but neighbours did not pay any heed to it considering it to be their routine exercise. On that day at about 7.00 am when the accused/appellant did not open the door, neighbours assembled there and asked him to open the door and they found the body of deceased in mutilated condition. At the instance of Aatmaram Banjare (PW/1) dehati nalisi Ex.P/1 and dehati merg Ex.P/2 was recorded on 16.12.2010. Inquest on the body of the deceased was conducted on that very day vide Ex. P/4 and the dead-body was sent for postmortem examination to Dr. B.R. Ambedkar Memorial Hospital, Raipur which was conducted by Dr. Shivnarayan Manzi (PW-9) vide report Ex. P-11 opining the cause of death to be shock and hemorrhage as a result of multiple injuries to the body. On 16.12.2010 memorandum of the accused Ex. P-12 was recorded based on which recovery of grinding stone vide Ex.P/13, roller vide Ex.P/14, cushion, bed-sheet, handkerchief, 7 green colour bangles, bloodstained soil and plain soil vide Ex.P/15, sickle vide Ex.P/16, black colour full pant and one purple colour sando vest were made, and as per FSL report Ex.P/27 blood has been found on all the seized articles. After filing of charge sheet, the trial Court framed the charge against the accused/appellant u/s 302 IPC.

(3.) In order to prove the complicity of the accused/appellant in the crime in question, the prosecution has examined 12 witnesses. Statement of the accused under Section 313 Cr.P.C. was also recorded in which he denied his guilt and pleaded innocence and false implication in the case. One defence witness Santram (DW/1) has also been examined by the defence in support of its case.