SUFAL SINGH Vs. STATE OF C.G.

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 11.11.2011 passed by the Sessions Judge, Surguja (Ambikapur) in ST No.401/2010 convicting the appellant under Section 302 of IPC for committing murder of his wife Urmila Bai and sentencing him to undergo imprisonment for life and to pay a fine of Rs.2000/- with default stipulation.

(2.) As per prosecution case on 27.6.2010 PW-4 Thakur Singh, injured eyewitness to the incident, came to the house of the appellant, who happens to be his relative, to take certain amount from the appellant in lieu of one bag of manure given by him to the appellant. When PW-4 entered the house of the appellant, he saw the appellant quarrelling with his wife Urmila Bai and then throwing her on the floor and pressing her neck. When PW-4 tried to intervene in the matter he was pushed by the appellant as a result of which he also sustained some injuries. At the instance of PW-4 on 28.6.2010 merg intimation (Ex.P/8) was recorded at 9.15 am wherein it has been stated by PW-4 that it is the accused/appellant who killed his wife Urmila Bai by pressing her neck. Immediately after about 10 minutes, FIR (Ex.P/7) was registered against the appellant under Section 302 of IPC at the instance of PW-4. Inquest over the dead body was conducted on 28.6.2010 vide Ex.P/6 and thereafter the dead body was sent for postmortem which was conducted on the same day by PW-1 Dr. BM Kamre vide Ex.P/1 and he noticed that blood was oozing from her nose, contusion over right eye and cheek, lungs, trachea, food pipe, membrane of intestines, liver, kidney and spleen were congested. In his opinion the cause of death was asphyxia due to strangulation and the nature of death was homicidal. This witness also examined PW-4 Thakur Singh vide Ex.P/11A and noticed abrasion over left knee with tenderness and swelling with tenderness over left shoulder and opined that the said injuries were caused by hard and blunt object and were simple in nature. After filing of charge sheet, the trial Court framed charge under Section 302 of IPC against the appellant.

(3.) So as to hold the accused/appellant guilty, the prosecution examined 6 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. He has stated that at the relevant time he was not present in his house and had gone to market and on his return, he found his wife dead.