(1.) This appeal is preferred against the judgement of conviction and order of sentence dated 14.09.2012 passed by the First Additional Sessions Judge, Baloda Bazar, Session Division, Raipur (C.G.), in Sessions Trial No. 06 of 2011, convicting the accused/appellant under Sections 302 and 201 of the IPC and sentencing him to undergo imprisonment for life and to pay fine of Rs. 500/-; rigorous imprisonment for three years and to pay fine of Rs. 200/- with default stipulation, for committing murder of his wife Pancho Bai and causing disappearance of the evidence of the said offence.
(2.) Name of deceased is Pancho Bai, who was wife of the accused/ appellant. Both were living in the house situated at village Malaha, Police Station Bilaigarh, District Raipur.
(3.) As per the prosecution case, that on 12.10.2010 at about 10 PM, in the night, the appellant assaulted his wife brutally and caused her murder, thereafter the appellant took her corps to forest area and burnt the same to cause disappearance of evidence. On the report of village Kotwar Budheswar Chauhan, First Information Report Ex.P- 2 was registered in Police Station Bilaigarh and Police swung into action. During the investigation, statements of the witnesses were recorded under Section 161 of the Cr.P.C and the same reveals that the appellant and his wife were seen together at previous night thereafter some quarrel took place between them and then both went to their house. Upon confession of the appellant it revealed that the appellant assaulted his wife with the club and done to death, thereafter the appellant dragged the deadbody of the deceased 1/2 KM away from his house and burnt her dead body near bushes. Postmortem of the deceased was conducted. After completion of the investigation, charge sheet was filed against the accused/ appellant in the Court of Judicial Magistrate First Class, Bilaigarh, who, in turn, committed the case to the Court of Sessions Judge, Balodabazar. The appellant was charge sheeted under Sections 302 and 201 of the IPC to which he did not plead guilty, therefore, trial was conducted. After completion of evidence of the prosecution side, statement of the appellant under Section 313 of the Cr.P.C. was recorded and after completion of trial, the trial Court considering the material available on record by the impugned judgement convicted and sentenced the accused/appellant as mentioned above.