BITANURAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the impugned judgment and order dated 15.7.2011 passed by the Sessions Judge, Surguja (Ambikapur), in S.T.No.408/10 convicting the accused/appellant under Section 302 of the IPC and sentencing him to undergo imprisonment for life with fine of Rs.1000/- plus default stipulation.

(2.) As per prosecution case, on 1.5.2010 at about 4 p.m. on account of trivial issue where deceased Soni Bai @ Sona Bai had failed to perform certain household works, the accused/appellant committed her murder by causing number of injuries with axe. On the spot itself, the deceased succumbed to the injuries. F.I.R. Ex.P/1 was lodged on 1.5.2010 at 10.45 p.m. by Shanzhu Ram (PW-1) against the appellant under Section 302 of the IPC. Immediately thereafter merg intimation Ex.P/2 was also recorded. Inquest on the body of the deceased was conducted on 2.5.2010 vide Ex.P/4. Dead body was sent for postmortem examination on 2.5.2010 which was conducted by Dr. K.K.Dutta (PW-7) vide Ex.P/10A who noticed the following injuries:-

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