LAKHAMU RAM POYAM @ KOLA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against impugned judgment of conviction and order of sentence dated 11/03/2014 passed by the Additional Sessions Judge, Kondagaon, District - Kondagaon (CG) in Sessions Trial No.292/2012 whereby the appellant has been held guilty of commission of offence under Section 302 of IPC and sentenced to undergo R.I. for life imprisonment and fine of Rs.1000/- and in default of payment of fine, further R.I. of six months.

(2.) Prosecution story as revealed from the records of the case is that on 10/02/2010, at about 6 PM, the appellant gave an assault to his wife, the deceased, by a sharp edged carpentry tools called ' Basula' on the neck which proved to be fatal.

(3.) In order to prove its case, the prosecution examined as many as five witnesses. It is relevant to note that in the present case, neither the doctor nor the investigating officer had entered the witness box. The appellant was examined under Section 313 CrPC in respect of the incriminating circumstances against him. The appellant denied the incriminating circumstances appearing against him and stated that he has been falsely implicated and he has not committed any offence. No defence witness was examined. Relying upon the evidence of the prosecution and after examining the documents and evidence, learned Trial Court held the appellant guilty of commission of offence under Section 302 IPC and sentenced as described above.