RAVI KUMAR ALIAS GOLU YADAV S/O PUNIT RAM YADAV Vs. STATE OF CHHATTISGARH THROUGH DISTRICT MAGISTRATE

JUDGEMENT

(1.) This appeal has been filed against the judgment of conviction and order of sentence dated 07.03.2011 passed by Additional Sessions Judge (FTC) Mungeli, District Bilaspur, in Sessions Trial No. 23/2010 convicting the accused/appellant under Sections 302 and 201 IPC and sentencing him to undergo imprisonment for life and pay fine of Rs. 2000/- u/s 302 and RI for three years and pay fine of Rs. 500/- u/s 201 IPC, plus default stipulations.

(2.) Name of the deceased in this case is Reena yadav wife of the accused/appellant. As per the case of prosecution, on 20.03.2010 accused/appellant caused injuries to the deceased with the help of club as a result of which she met an instantaneous death. Merg Ex. P-3 was recorded at the instance of accused/appellant himself on that very day at 11 AM to the effect that in the night his wife had slept along with him. Merg further states that in the night hours itself she went out and while getting back fell down and suffered injuries on her face. It then states that in the early morning the deceased went to the toilet and while getting back she again fell down. Thereafter, he shifted her to the bed, gave her water to drink but at about 6 AM she breathed her last. Inquest was made vide Ex. P-10 on that day itself and the dead-body was sent for postmortem examination which was conducted by Dr. Manmit Thawait (PW-11) who gave his report Ex. P-14. After receiving postmortem report and conducting merg inquiry, FIR Ex. P-8 was registered against the accused/appellant for an offence under Section 302 IPC. After investigation, chargesheet was filed by the police under Sections 302 and 201 IPC followed by framing of charge by the Court below accordingly.

(3.) In order to prove the complicity of the accused/appellant in the crime in question, the prosecution has examined 11 witnesses. Statement of the accused/appellant under Section 313 Cr.P.C. was also recorded in which he denied his guilt and pleaded innocence and false implication in the case.