ANAND RAM @ ANAND YADAV Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This is an appeal preferred by appellant Anand Ram @ Anand Yadav assailing the judgment dated 28.06.2011 passed by the learned Sessions Judge, Mahasamund, Dist. Mahasamund in Sessions Trial No. 12/2011 whereby he has been convicted for an offence punishable under Section 302 of the I.P.C. and sentenced to life imprisonment and to pay a fine of Rs.1,000/-. In default of payment of fine, he was required to undergo further simple imprisonment of 6 months.

(2.) Prosecution story, briefly stated, is that on 07.12.2010 at about 2.30 pm when the complainant Bisambher Agrawal was sitting in veranda along with others Narad Pandey, Mansingh Sahu, Secretary Bhojram Prajapati and were discussing with each other, one Ramswaroop came there along with two others and had complained about the act of the appellant Anandram, who was also present there, that he had broken the mudguard and headlight of his motorcycle. Upon hearing so, the said complainant Bisambher Agrawal told him that the appellant Anandram is in drunken position at present, therefore, his matter will be discussed in next day. At that particular time, Smt. Neera Bai, the wife of the appellant, was fetching the water from the nearby bore-well and that upon seeing her, Bisambher Agrawal requested her to take her husband from the place as he was talking immaterially and irrelevantly. Further story of the prosecution is that, the appellant Anandram, upon hearing so, immediately went to his house and came out with an axe (Tangia) and assaulted his wife on her head as soon as she reached in front of the house of one Fudru Yadav while she was on way to her home after fetching the water. As a result of assault, blood was oozing. She ran away while holding the axe from the spot and came to the complainant Bisambher Agrawal and sought his help, but, due to the said injury on her head, she fell down and died. It is alleged by the prosecution that the appellant Anandram, after chasing her, came there to assault her again.

(3.) Based upon the aforesaid incident, Dehati Nalinish (Ex.P.1) and merg intimation (Ex.P.2) was lodged by Bisambher Agrawal on 07.12.2010 immediately upon the occurrence of the said incident respectively at 16:45 hours and 16:30 hours. Thereafter, First Information Report (Ex.P.9) was also lodged on the same day at 23:15 hours. In pursuance of the aforesaid information, the matter has been investigated and an offence punishable under Section 302 of the I.P.C. has been lodged against the appellant by the Station House Officer, Pithora, Dist. Mahasamund.