MANHARAN RAJWADE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 31.3.2008 passed by the Sessions Judge, Surguja (Ambikapur) in ST No.278/2006 convicting the appellant under Section 302 of IPC and sentencing him to undergo imprisonment for life and to pay a fine of Rs.500/- with default stipulation.

(2.) In the present case, name of the deceased is Geeta, wife of the accused/appellant. Her dead body was found in the house of the appellant at about 5 pm and allegation against the appellant is that after quarrel with her he strangulated her. On 30.4.2006 merg intimation Ex.P/7 was lodged at 12.30 noon at the instance of one Rajendra. Inquest over the dead body was conducted vide Ex.P/3 on 30.4.2006. FIR (Ex.P/10) was registered at the instance of Rajendra on 1.5.2006 at 5.20 pm. Postmortem was conducted on the body on 1.5.2006 by PW-7 Dr. Uttam Singh vide Ex.P/4 who noticed mark of contusion on neck above the thyroid cartilage, trachea congested, thyroid cartilage was broken, congestion of lung, liver, spleen, kidney, brain, heart and all vital organs. In his opinion, the cause of death was asphyxia due to throttling and the death was homicidal in nature. While framing charge, 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 10 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. In defence, he examined one witness.