UJAL SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 11.04.2007 passed by the Additional Sessions Judge, Gariyaband, Session Division Raipur (C.G.) in Sessions Trial No. 07/2007, wherein the trial Court convicted the accused/appellant under Section 304 Part-II of the IPC and sentenced him to undergo R.I. for 10 years.

(2.) In the present case, name of the deceased Malobai, who was the wife of the appellant.

(3.) As per the prosecution case, on 24.10. 2006, a report was lodged by Sadaram Gond, wherein it is alleged that an altercation took place between the appellant and the deceased on 20.10.2006 at about 11.00 AM. The appellant assaulted on the stomach of the deceased with wooden stool (Pidha) and fled away from the spot. The matter was reported to Police Station Mainpur. After completion of investigation, charge sheet was filed before the trial Court wherein the trial Court framed charges as mentioned above to which the appellant did not plead guilty. The trial Court conducted the trial and 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 Judge considering the material available on record by the impugned judgement convicted and sentenced the appellant as mentioned above.