PATAR SAI Vs. STATE OF C.G.

JUDGEMENT

(1.) This criminal appeal has been preferred by the appellant under Section 374 (2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Cr.P.C . in short) against the judgment dated 30.07.2012 passed by the Sessions Judge, Surguja (Ambikapur), in Sessions Trial No. 105/2011 whereby the appellant has been convicted for having committed an offence punishable under Section 302 of the Indian Penal Code (for brevity, the IPC ) and sentenced him to life imprisonment with fine amount of Rs.2,000/- and, in default of payment of fine amount, he has to undergo additional rigorous imprisonment for six months.

(2.) Briefly stated, case of the prosecution is that on 21.07.2010 at 8.00 am, the deceased Nanki Bai, daughter-in-law of the complainant Smt. Sukhmania, has come to her (complainant's) house at Bijli Chatan Pahad, Bagdoli from her village Jabla, P.S. Bagicha of District Jashpur as she was beaten by her husband Patar Sai, the appellant/accused. It is alleged that at about 12.00 noon, appellant/accused has come to his mother's house after searching his wife Nanki Bai. Upon his arrival, his mother Smt. Sukhmania asked him as to why he used to beat his wife, he then replied that his wife Naki Bai used to consume liquor after stealing and selling the rice kept in the house and even by selling the rice obtained from the Government. Further prosecution story is that the complainant's son Patar Sai, owing to the alleged act of his wife, has given a blow by wooden stick (danda) on her head, near the ear and also on her back side, as a result of which, she fell down and was weeping and blood was oozing from her left ear and then became unconscious and thereafter she has expired.

(3.) Based upon the aforesaid incident, Dehati Nalishi (Ex.P.1) was lodged by the complainant Smt. Sukhmania, mother of the accused/appellant, on 23.07.2010 at 10.45 am and thereafter, the F.I.R. (Ex.P.1A) was registered on the same date at 15:20 hours (03.20 pm) against Patar Sai under Section 302 of IPC. The alleged weapon, i.e., wooden stick (danda), was recovered from the spot vide seizure memo (Ex.P.10) on 23.07.2010 at the instance of the complainant. Inquest was conducted on the body of the deceased vide Ex.P.9 on 23.07.2010. After inquest, the dead body of the deceased was sent for autopsy to Community Health Center, Sitapur where Dr. S.N.Paikra (P.W.3) conducted post-mortem examination on the body of deceased and opined by submitting its report vide Ex.P.4 that death is homicidal in nature which was caused due to haemorrhagic shock as a result of head injury.