SANTOSH PURENA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal has been preferred by the accused/appellant under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'CrPC') against the judgment dated 10/12/2012 passed by the learned First Additional Sessions Judge, Balodabazar, District Raipur (C.G.) in Sessions Trial No. 205/2011, whereby the accused/appellant has been convicted and sentenced as under :-

(2.) Briefly stated, the case of the prosecution is that on 18/09/2011, at about 4 - 5 A.M., the appellant Santosh Purena went to the house of one Leela Bai (PW-4), where his wife Nainbai was sleeping and given several blows on her head with an axe, as a result of which, she fell down with pool of blood and died. It is alleged by the prosecution that the appellant used to quarrel with his wife as he always suspected of her illicit relationship with one Rakhi Satnami of the same village, leading to the commission of the alleged crime.

(3.) Based upon the aforesaid incident, First Information Report (Ex. P-17) was lodged by appellant's daughter, namely, Premabai (PW-16) on 18/09/2011 at about 8.15 A.M. against her father before the Station House Officer, Palari, District Raipur under Section 307 of IPC by submitting inter alia that her grandmother Punibai (PW-5) has informed that her father Santosh Purena had assaulted her mother with an axe on her head, as a result of which, she fell down with pool of blood and was admitted into the Community Health Center, Palari, District Raipur, from where, she was shifted to Dr. Bhimrao Ambedkar Hospital, Raipur. She, however, succumbed to injuries on 20/09/2011 at about 7.00 A.M. The unnumbered merg intimation (EX. P-16) was lodged on 20/09/2011 at about 9.30 A.M., based upon which, the numbered merg intimation (EX. P-12) was registered on 28/09/2011 at 18.20 hours. Inquest on the dead body was prepared on 20/09/2011 vide Ex. P-10. After inquest, the dead body of deceased Nainbai was sent for autopsy, where Dr. Shivnarayan Manjhi (PW-14) has conducted the postmortem examination and submitted his report vide Ex. P-15 by opining that the cause of death was due to cardio respiratory failure, as a result of head injury and their complications and, the death was homicidal in nature. Disclosure statement (Ex. P-2) of the appellant led to the recovery of the blood stained axe.