DAMESHWARRAM Vs. STATE OF C.G.

JUDGEMENT

(1.) Appellant stands convicted for committing murder of his wife Saraswati Bai at about 5 pm on 05.06.2004 and has been sentenced to undergo life imprisonment.

(2.) The prosecution case, lying in narrow compass, is that on the date of incident, the appellant had gone to another village and came back to his own village in the evening and committed murder of his wife by causing fatal injuries by means of an axe. After committing murder, the appellant absconded on a bicycle. Little later, his mother PW-2 Manmati entered the room where the appellant and the deceased resided and found that the deceased is lying on the floor having injuries over her neck and face.

(3.) One Karmuram informed the village Kotwar, PW-1 Bharatram who resides in a nearby village. The Kotwar came to the place of occurrence where he was informed about the incident by the appellant's mother. He lodged the morgue intimation at 9.15 hours on 06.06.2004 and thereafter lodged the FIR (Ex.P/1) at 9.20 hours on the same day. In course of investigation, the Investigating Officer recorded appellant's memorandum statement vide Ex.P/5 and recovered the Axe, full pant, broken bangles, plain and blood stained soil vide Ex.P/4. Since the appellant and the deceased alone were residing in the house and just before the incident he was available in the house and his mother had informed PW-1 Bharatram, the informant, that the appellant had committed murder, he was charge-sheeted and was sent for trial for committing the offence punishable under Sec. 302 Penal Code and at the end of trial he has been convicted for this offence.