BABULAL SHARTHI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been filed against the judgment of conviction and order of sentence dated 07.11.2014 passed by Additional Sessions Judge Katghora, in Sessions Trial No. 83/2013 convicting the accused/appellant under Section 302 IPC and sentencing him to undergo imprisonment for life and pay fine of Rs. 1000/-, plus default stipulation.

(2.) Name of the deceased in this case is Samund Kunwar the wife of the accused/appellant. It is alleged that on 4.6.2013 at about 8-9 PM the accused/appellant killed her by inflicting number of club injuries resulting in her instantaneous death. After committing her murder, the accused/appellant went to Kiran Kumar (PW-1) and Smt. Shivkumari (PW-2) and by giving the key of his house he informed them about his wife being killed by him and also asked them to perform her last rites. He made extra-judicial confession before Ku. Manisha (PW-3) and Shiv Sagar (PW-4) with regard to killing his wife. At the instance of PW-4 the son of the deceased and accused, FIR was lodged against the accused/appellant under Section 302 IPC. After drawing inquest Ex. P-12, the dead-body was sent for postmortem examination which was conducted by Dr. Rudrapal Singh Kanwar (PW-7) who gave his report Ex. P-10. After completion of investigation, police filed challan against the accused/appellant u/s 302 IPC 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 11 witnesses. Statement of the accused/appellant under Section 313 Cr.P.C. was also recorded in which he denied his guilt and pleaded innocence and false implication in the case.