LAWS(CHH)-2017-1-134

BALRAM SAHU @ BALLA Vs. STATE OF CHHATTISGARH

Decided On January 05, 2017
Balram Sahu @ Balla Appellant
V/S
STATE OF CHHATTISGARH Respondents

JUDGEMENT

(1.) This appeal has been filed against the judgment of conviction and order of sentence dtd. 14/6/2007 passed by the Additional Sessions Judge, Bilaspur in S.T. No.388/06 convicting the accused/appellant under Sec. 302 of the Indian Penal Code (for short 'the IPC') and sentencing him to undergo R.I. for Life and fine of Rs.100.00, in default to undergo additional RI for 3 months.

(2.) In the instant case, deceased Manjubai was the first wife of accused/ appellant, whereas acquitted accused Smt. Rekha Bai is the second wife of accused/appellant.

(3.) Case of the prosecution is that on 26/5/2006 at about 11/11/30 p.m. in the night the deceased was found lying dead in her room which was noticed by Bramhanand (PW-4), son of deceased. Receiving Intimation regarding death of the deceased, father of deceased (PW-1) immediately reached the place of occurrence and on 27/5/2006 a complaint was lodged by him based on which merg intimation (Ex.P-3) was recorded on the same day at 6.30 p.m. and thereafter FIR (Ex.P-1) was registered against the present accused/appellant and acquitted accused under Sec. 302/34 IPC. Inquest on the body of deceased was prepared vide Ex.P-6. Body of deceased was sent for post-mortem examination which was conducted by Dr. Poonam Singh (PW-10) on 27/5/2006 vide Ex.P-9 who noticed following injuries;-