KESHWAR RAM BHAGAT Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been filed against the judgment of conviction and order of sentence dated 11.05.2011 passed by Additional Sessions Judge Jashpur in Sessions Trial No. 04/2011 convicting the accused/appellant under Section 302 IPC and sentencing him to undergo imprisonment for life and pay fine of Rs. 100/-, plus default stipulation.

(2.) As per the case of prosecution, body of the deceased namely Rajmait Bai - wife of the accused/appellant was found inside his house and it is alleged that in the intervening night of 19.7.2010 and 20.7.2010 the accused/appellant committed her murder by causing axe injuries on her vital part. Merg Ex. P-2 was recorded at the instance of Ram Kumar (PW-1) the husband of the village Sarpanch. Immediately thereafter, FIR Ex. P-1 was registered against the accused/appellant for the offence under Section 302 IPC. After drawing inquest Ex. P-4 the dead-body was sent for postmortem examination which was conducted on 21.7.2010 by Dr. R.N. Kerketta (PW-4) who gave his report Ex. P-6. 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 12 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.