UME LAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been filed against the judgment of conviction and order of sentence dated 29.01.2011 passed by Additional Sessions Judge (FTC) Pendra Road, District Bilaspur in Sessions Trial No. 36/2010 convicting the accused/appellant under Sections 302 and 201 Penal Code and sentencing him to undergo imprisonment for life with fine of Rs. 100.00 u/s 302 and RI for seven years with fine of Rs. 100.00 u/s 201 IPC, plus default stipulations.

(2.) Deceased Guddi Bai was none else but the wife of the accused/appellant herein. It remains undisputed that the house where the dead-body was found was in the occupation of the couple alone. As per the case of the prosecution, on 31.05.2010 at about 7 AM the accused/appellant had gone to the village pond where Sarpanch of the village namely Kripal Singh (PW-1) was already taking bath. Accused/appellant is said to have informed PW-1 that in the preceding night while he was returning to his house on motorcycle along with the deceased the pillion rider, on account of sudden application of brake, she fell down and suffered injuries on her body. Accused/appellant also informed PW-1 that after he took his injured wife inside the house, she breathed her last at about 3 AM. On 31.05.2010 at about 8.40 AM accused/appellant gave merg intimation Ex. P-10 disclosing that on the previous night while returning to his house, he suddenly pressed the brake of motorcycle as a result of which the deceased sitting as pillion rider thereon, fell down and suffered injuries which resulted in her unfortunate death. Thereafter, FIR Ex. P-2 was registered at the instance of PW-1 against the accused/appellant for the offences punishable under Sections 304-A and 279 IPC. After inquest, the dead-body was sent for postmortem examination which was conducted by Dr. M. S. Marko (PW-3) who gave his report Ex. P-8. Memorandum of the accused/appellant (Ex.P-3) was recorded and based thereon seizure of a wooden piece was made under Ex. P-4, though there is no FSL report on record. After investigation, charge-sheet was filed by the police under Sections 302 and 201 Penal Code followed by framing of charge by the Court below accordingly.

(3.) In order to prove the complicity of the accused/appellant in the crime in question, the prosecution has examined 07 witnesses. Statement of the accused/appellant under Sec. 313 Crimial P.C. was also recorded in which he denied his guilt and pleaded innocence and false implication in the case. One defence witness namely Bhulau Bhatiya (DW-1) has also been examined in this case.