KANSHI RAM NISHAD Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been filed against the judgment of conviction and order of sentence dated 01.12.2012 passed by Additional Sessions Judge North Bastar, Kanker in Sessions Trial No. 52/2012 convicting the accused/appellant under Section 302 IPC and sentencing him to undergo imprisonment for life and pay fine of Rs. 100/-, plus default stipulations.

(2.) Name of the deceased in this case is Chandrika Bai - wife of the accused/appellant. It is alleged that on 2.3.2012 at 12.30 afternoon, the accused/appellant committed the murder of the deceased by causing grievous injuries on her head with the help of handle of the pick-axe and after doing that he made extra- judicial confession before his brother Radhelal Nishad (PW-1), villager Shantaram (PW-4) and his son Umendra (PW-11). On coming to know about the incident when PW-11 and other villagers went to the spot and found the body of the deceased lying in a pit with bleeding injury on her head. Thereafter, merg Ex. P-1 was recorded at the instance of PW-1 followed by registration of FIR Ex. P-2 against the accused/appellant for the offence punishable under Section 302 IPC. After drawing inquest Ex. P-4, the dead-body was sent for postmortem examination which was conducted by Dr. Neeraj Sharma (PW-7) who gave his report Ex. P-12. After investigation, charge-sheet was filed by the police under Section 302 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 13 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.