PARDESHI RAM DHANUHAR Vs. STATE CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 31.10.2014 passed by the Additional Sessions Judge, Katghora in S. T. No. 41/2014, convicting the accused/appellant under Sections 302 of Indian Penal Code and sentencing him to undergo imprisonment for life and to pay fine of Rs. 1,000/-, in default of payment of fine to undergo additional R.I for one year and under Section 201 of Indian Penal Code and sentencing him to undergo Rigorous Imprisonment for 3 years and to pay fine of Rs. 500/- in default of payment of fine to further undergo 6 months Rigorous imprisonment.

(2.) Facts of the case in brief are that on 012013 FIR (Ex. P/2) was lodged by Puran Singh Kawar (PW-1) Sarpanch of the village regarding the death of deceased- Matibai, wife of the appellant. On the basis of which, offence under Section 302 of IPC was registered against the unknown person under Crime No. 76/2013 regarding the unnatural death of deceased. Inquest report (Ex.P/9) was prepared in presence of the appellant, Sarpanch of the village and other villagers. During investigation, under Section 27 of the Evidence Act vide Ex. P/3 memorandum of accused/appellant was recorded on 03.12013. As per memorandum of the accused/appellant (Ex.P/3), from the place of occurrence i.e. Amakhora near canal, one red sari, one stone, one club and one blouse were seized. As per property seizure memo (Ex.P/4) blood stained blouse, jeans and shirt were found. Spot map vide (Ex.P/7) was prepared by Investigating Officer Gopal Vyas (PW6).

(3.) During investigation, it was found that on the date of incident i.e. 01.12.2013, at about 4.00 p.m. in the evening appellant- Pardeshi Ram Dhanuhar alongwith his wife- Matibai and their child, aged about 3 years and one Bodhram had gone to Katghora for purchasing household items from weekly market, before going to market the appellant consumed liquor at his house. In the market, he met Narayan Singh and Mangal and there they all consumed liquor at that time and, thereafter, some quarrel took place between the appellant and deceased- Matibai, as a result of which, appellant assaulted her. During quarrel, Narayan advised both of them not to fight with each other and left their company near the Vishwkarma Factory. On the next day, Naryan Dhanwar came to know that accused/appellant has beaten his wife by club and killed her. Next day of the incident, Chandrambai mother-in-law of the deceased informed about the incident to Puran Singh (PW-1) - Sarpanch of village Rampur that dead body of her daughter-in-law was found near the Amakhor canal and, thereafter Sarpanch Puran Singh (PW-1) and other villagers went to the place of incident and found accused/appellant alongwith his 3 years child near the place of occurrence in a sleeping condition and dead-body of deceased was found under the mahua tree, then the villager woke up the accused/appellant and asked him as to who had beaten his wife, he explained that after marketing at katghora Bazar, his wife staying in market for purchasing some household articles, and accused/appellant was waiting for his wife but when she did not return till 7.00 p.m. from the market then he searched for his wife and he stayed for rest near Amakhore canal where he found his wife in an injured condition, the blood was oozing from her mouth and she was breathing slowly, and thereafter she died. He also states that some unknown person with the help of stick murdered his wife. On the basis of information given by accused/appellant, Sarpanch Puran Singh (PW-1) lodged the FIR vide Ex.P/2. After completion of investigation, charge sheet was filed against the appellant under Sections 302 & 201 of Indian Penal Code. However, while framing charge the trial Court framed charge against the accused/appellant under Sections 302 & 201 of IPC.