RAMNATH SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 28.03.2011 passed by the Sessions Judge, Mahasamund in Sessions Trial No. 67/2010 convicting the accused/appellant for the offence punishable under Section 302 IPC and sentencing him to undergo imprisonment for life with fine of Rs. 2,000 with default stipulation.

(2.) As per prosecution case, on 13.09.2010 at about 11.00 p.m. accused/appellant committed murder of his wife by inflicting knife injuries on her neck. Merg intimation Ex.P-11 was lodged on 14.09.2010 at about 8.10 a.m. by the appellant himself informing the police that after taking meals in the night, all the family members were asleep and at about 11.00 p.m., after hearing the rattling sound, he woke up and noticed knife injury on the neck of deceased Bundkunwar Bai. Immediately thereafter he called his brother Ram Ratan, Pyarelal and Sarpanch of the village and while they were making arrangement to shift injured to the hospital she succumbed to her injuries. After merg enquiry FIR Ex.P-14 was registered against the appellant on 18.09.2010 under Section 302 IPC. Meanwhile, inquest Ex.P-7 was prepared and dead body was sent for postmortem examination which was conducted by Dr. M.R.Chandrakar (PW-10) vide Ex.P-12 and according to him cause of death was shock due to injury sustained over neck trachea and blood vessels and death was homicidal in nature. After filing of the charge sheet, trial judge has framed charge against the accused/appellant under Section 302 IPC.

(3.) So as to hold the accused persons guilty, prosecution has examined 10 witnesses in support of its case. Statement of the accused was also recorded under section 313 of the Code of Criminal Procedure in which he denied the charge levelled against him and pleaded his innocence and false implication in the case.