AJIT PATEL Vs. STATE OF C.G

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and order of sentence dated 25.10.2002 passed by the Additional Sessions Judge, Baloda Bazar, District Raipur, in Sessions Trial No. 243/2002 whereby learned Additional Sessions Judge after holding the accused/Appellant guilty for commission of the offence under Section 302 of the IPC sentenced him to undergo imprisonment for life and pay fine of Rs. 500/-, in default of payment of fine to further undergo RI for one year.

(2.) CASE of the prosecution in brief is that deceased Santara Bai was the wife of accused/Appellant. She used to sell vegetables to maintain her family. She was not having good relations with her husband. On the fateful day i.e. on 3.5.2002 when Santara Bai left her house with the vegetables at 5 a.m. she was assaulted by the accused/Appellant with axe near the field. Dead body of Santara Bai was seen by the Kotwar Premdas (PW-3) who informed the same to the son of accused and deceased namely Dilharan (PW-1) who lodged FIR Ex. P-1 and merg intimation Ex. P-2. Investigating Officer left for the scene of occurrence and after giving notice to the witnesses inquest Ex P-8 was prepared on the dead body of Santara Bai. One axe and one shoe were lying near the dead boy which were identified by the witnesses vide Ex. P-3. Accused/Appellant was taken into custody and he informed the Police regarding the place where he had kept the other piece of shoe vide memorandum Ex. P-5 which was later recovered at the instance of the accused/Appellant and identified vide Ex. P-4. Blood stained clothes of the accused were seized under Ex. P-7. Dead body of Santara Bai was sent to the Government Hospital, Simga for autopsy vide Ex. P-14 where Dr. S. Rai Choudhary (PW-10) conducted the autopsy on the dead body of Santara Bai and vide autopsy report Ex. P 14-A the following ante mortem injuries were found on the dead body of Santara Bai:

(3.) AFTER completion of the investigation charge sheet was filed in the Court of Judicial Magistrate First Class, Baloda Bazar, who in turn committed the case to the Court of Sessions Judge, Raipur, from where learned Additional Sessions Judge, Baloda Bazar received the same on transfer for trial.