SHIV PRASAD KUMHAR Vs. STATE OF C.G.

JUDGEMENT

(1.) This appeal is directed against the impugned judgment of conviction and order of sentence dtd. 6/9/2012 passed by the Additional Sessions Judge, Balod, District Durg in Sessions Trial No. 25/2012 whereby and whereunder the appellant has been found guilty for the commission of offence and sentence as described below.Offence Punsihment U/s. 302 IPC Imprisonment for life and fine of Rs.50.00 with default stipulation.

(2.) Prosecution story as unfolded from the records and the judgment is that merg intimation dtd. 22/5/2012 Ex.P-1 was given in the police station by Ramji (PW-1), the Kotwar of village Chilhati Khurd in which it was stated that at about 6.00 in the morning, Santosh Kumar, son of appellant, came to his house and informed that his father has committed murder of his mother. On the basis of the said merg, police registered FIR Ex.P-2 in the police station and thereafter, proceeded to the scene of occurrence. According to the prosecution, dead body was found in the house of the appellant and inquest Ex.P-6 was prepared by giving notice, in the presence of panchas. Dead body was sent for postmortem examination and Dr.V.K.Chorkha (PW- 9) conducted postmortem and prepared postmortem report in Ex.P-16. Multiple injuries including incised injuries, plenty in number, were found all over the body, including the vital parts of head and neck. The doctor opined that cause of death was shock due to excessive hemorrhage as a result of injuries sustained and was homicidal in nature. The appellant being suspected, was apprehended and his memorandum in Ex.P-7 was recorded in the presence of witnesses and according to the prosecution, on the basis of this memorandum statement, the axe alleged to be used in the commission of the offence was recovered from a hidden place of the house of the appellant upon his disclosure. Upon completion of investigation, charge sheet was filed. On the basis of material contained in the charge sheet, learned trial court charged the appellant of having committed the offence of murder of his own wife in the night of 22/5/2012. Appellant having abjured the guilt, was put to trial.

(3.) In order to prove its case, the prosecution examined in all 9 witnesses. The appellant was thereafter examined under Sec. 313 Cr.P.C., 1973 in respect of incriminating evidence and circumstances appearing against him in the evidence lead by the prosecution. The appellant denied having committed the offence and pleaded innocence. No defence witness was examined. Relying upon the evidence lead by the prosecution, the trial court held the appellant guilty of commission of the offence and sentenced as prescribed above.