KANWALDHEER Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 17.1.2018 passed by the Additional Sessions Judge, Ramanujganj, Distt. Surguja (Ambikapur) in S.T.No.162/2012 convicting the accused/appellant under Section 302 of IPC and sentencing him to undergo life imprisonment and pay a fine of Rs. 1000/- with default stipulation.

(2.) As per prosecution case, on 8.3.2012, on the day of Holi, the appellant along with his wife/deceased Phoolbasia had gone to another village in the house of one Tibhlu Uraon where they had liquor and meals. While returning on bicycle, on the way wife of the appellant being under the influence of liquor laid down. As the appellant was suspecting the character of his wife, he immediately rushed to his house from where he picked up a crowbar and returned to the place where she was lying down, however, she was not found there and on search, was found in the nearby agriculture field and there the appellant assaulted her with crowbar. Thereafter, the appellant considering her to have fallen unconscious brought her in his house, however, after about half an hour she died. In the next morning i.e. 9.3.2012 at 8.30 the appellant lodged merg intimation Ex.P/9 informing the police that it is he who killed the deceased. FIR (Ex.P/10) was also registered at the instance of the appellant under Section 302 of IPC. Inquest on the dead body was conducted on 9.3.2012 vide Ex.P/1 Thereafter, the dead body was sent for postmortem which was conducted on the same day by PW-7 Dr. RS Markam vide Ex.P/7. The autopsy surgeon noticed multiple abrasions over left eyebrow, left mid arm, fracture of left mid arm with crackling sound, rupture of lung, liver & spleen. In his opinion, the cause of death was shock due to hemorrhage as a result of injury to multiple organs and that the death was homicidal in nature. Memorandum of the appellant recorded on 9.3.2012 (Ex.P/15) led to seizure of one crowbar, his T-shirt & towel vide Ex.P/16. However, there is no FSL report on record. Further, case of the prosecution is that the appellant also made extrajudicial confession before PW-5 Ramsai. While framing charge, the trial Judge charged the appellant under Section 302 of IPC.

(3.) So as to hold the accused/appellant guilty the prosecution examined as many as 09 witnesses. Statement of the accused was also recorded under Section 313 of Cr.P.C. in which he denied the circumstances appearing against him in the prosecution case, pleaded innocence and false implication.