AMAR SAY, Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Ms. Meenakshi Sharma, Advocate has been engaged for arguing the case on behalf of the appellant. Despite repeated calls, she has not appeared when the case is called for final hearing, therefore, Mr. Keshav Dewangan, Advocate, who is present in the Court has been appointed as Amicus Curiae to argue the case on behalf of the appellant.

(2.) This appeal is preferred under Section 374 (2) of the Code of Criminal Procedure, 1973 against judgment dated 04.04.2009 passed by Additional Sessions Judge, Pendraroad, DistrictBilaspur (C.G.) in Session Trial No. 46/2008, wherein the said court convicted the appellant for commission of offence under Section 304 (Part-II) of IPC, 1860 and sentenced to undergo R.I. for 7 years.

(3.) In the present case, name of the deceased is Chandra Kunwar who is wife of the appellant. As per version of the prosecution, on 28.05.2008 at about 3.00 p.m., there was quarrel between appellant and his wife regarding cooking of food and thereafter, the appellant assaulted mercilessly which resulted into her death. The matter was reported, the appellant was charge-sheeted and after completion of trial, the trial court convicted as mentioned above.