NETRAM SAHU Vs. STATE OF C.G.

JUDGEMENT

(1.) This appeal arises out of judgment and order dated 18.05.2011 passed by Sessions Judge, Raipur in S.T. No. 213/2010 convicting the accused/appellant under Section 302 of IPC and sentencing him to undergo imprisonment for life with fine of Rs. 500/- with default stipulation.

(2.) As per prosecution case, accused/appellant was residing in his house along with his wife Lata Bai and children and on 23.06.2010, accused committed murder of his wife Lata Bai by strangulation. FIR Ex.P-1 was lodged at 9.30 a.m. by Rakesh Kumar, against the accused/appellant. Based on which offence under Section 302 IPC was registered. Immediately thereafter merg intimation Ex.P-2 was recorded at the instance of Rakesh Kumar (PW-1). Inquest was prepared vide Ex.P-4 and body of deceased was sent for postmortem examination vide Ex.P-9 which was conducted by Dr. Shiv Narayan Manjhi (PW-6) and according to him cause of death was asphyxia due to strangulation by sari and death was homicidal in nature. After investigation, charge sheet was filed against the accused/appellant under Section 302 IPC and accordingly charge was framed.

(3.) In order to establish the guilt of the accused/appellant, prosecution has examined 9 witnesses. Statement of the accused/appellant was also recorded under Section 313 of the Cr.P.C. in which he denied the charges levelled against him and pleaded his innocence and false implication in the case.