(1.) This appeal arises out of the judgment of conviction and order of sentence dated 28.12.2011 passed by the Sessions Judge, Surguja (Ambikapur) in ST No.347/2010 convicting the appellant under Section 302 of IPC and sentencing him to undergo imprisonment for life and pay a fine of Rs.2000/- with default stipulation.
(2.) In the present case, name of the deceased is Salmetbai, wife of the appellant. Body of the deceased was found in the verandah of his house adjacent to the bedroom on 21.2.2010. After committing murder of the deceased, the accused/appellant went to his brother PW-1 Girbal and made extrajudicial confession before him that it is he who has killed his wife/deceased. FIR (Ex.P/1) was lodged by PW-1 Girbal on 22.2.2010 at 9 pm against the appellant under Section 302 of IPC. At 9.15 pm merg intimation was also registered. Inquest on the dead body was conducted on 23.2.2010 vide Ex.P/12 and thereafter the body was sent for postmortem which was conducted on the same day by PW-2 Dr. Rajni Shanta Tigga vide Ex.P/7A wherein the doctor noticed multiple contusion on the body and on internal examination found subdural hematoma on the right parietal region of the head. In her opinion, the cause of death was hemorrhagic shock due to bleeding of the internal organ and that the death was homicidal in nature. After filing of charge sheet, the trial Court framed charge under Section 302 of IPC against the accused/appellant.
(3.) So as to hold the accused guilty, the prosecution examined 8 witnesses in all. Statement of the accused was also recorded under Section 313 of Cr.P.C. in which he denied the circumstances appearing against him in the prosecution case, pleaded innocence and false implication.