MANIRAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) As these two appeals arise out of the common judgment dated 19.07.2011 passed by the Sessions Judge, Mahasamund, in S.T. No.64/2010 convicting accused/appellant Maniram in Cr.A.No.553/2011 under Section 201 IPC, Smt. Baisakhin Bai in Cr.A.No.558/2011 under Sections 302 and 201 IPC & sentencing them to undergo R.I. for two years with fine of Rs. 500/-, imprisonment for life with fine of Rs. 1,000/- and R.I. for two years with fine of Rs. 500/-, plus default stipulation respectively, they are being disposed of by this common judgment.

(2.) Accused/Appellant Maniram in Cr.A.No.553/2011 is son of deceased Asharam, whereas accused/appellant Baisakhin Bai in Cr.A.N.558/2011 is wife of the deceased.

(3.) As per the prosecution case, on 01.08.2010, deceased, after consuming liquor, attempted to cause injury to accused Baisakhin Bai by carpenter axe and in that process he fell down and weapon got off from his hand. Accused Baisakhin Bai picked up the said carpenter axe and assaulted the deceased on his neck resulting in his instantaneous death. It is said that accused/appellant Maniram in Cr.A.No.553/2011 was also present in the house and after the incident he narrated the same to his brother Radhye Shyam (PW/7), who in turn, informed villagers including Tulsiram Bariha (PW/8)- Sarpanch about the incident. At the instance of Sarpanch Tulsiram Bariha (PW/8), FIR (Ex.P/15) was registered against the accused/appellants on 02.08.2010 at 11.30 AM under Sections 302, 201 and 34 IPC followed by merg intimation (Ex.P/16) at 11.40 AM. On the same day, inquest on the body of deceased was conducted vide Ex.P/6 and body was sent for postmortem examination to Community Health Center, Bagbahara, where Dr. Vijay Pratap Singh (PW/4) conducted postmortem on the body of deceased and gave his report (Ex.P/9) noticing five incised wounds on neck in the size of 1 cm x 2 cm x 2 cm, 3 cm x 2 cm x 1 cm, 7 cm x 1 cm x 2 cm, 8 cm x 2 cm x 2 cm and 7 cm x 2 cm x 2 cm. The autopsy surgeon opined the cause of death of deceased to be cardio respiratory arrest due to excessive hemorrhage from incised wounds and the death was homicidal in nature.