NANKI NISHAD Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 14.9.2012 passed by the Additional Sessions Judge, Sakti in Sessions Trial No.60 of 2011 convicting and sentencing the accused/Appellant as under: <FRM>JUDGEMENT_129_LAWS(CHH)8_2018_1.html</FRM>

(2.) Case of the prosecution, in brief, is that Fekanbai (the deceased) was wife of the Appellant. She was residing with the Appellant and their children. The Appellant was running a hotel at Mission Chowk, Malkharoda. Raju Dhobi (PW12) was working in the hotel. On 23.12.2010 at about 10:00 p.m., after closure of the hotel, both the Appellant and Raju Dhobi were sitting in the hotel for taking food. The Appellant asked his wife Fekanbai to serve them food. Due to delay in service, the Appellant abused Fekanbai and shouted for serving food. Fekanbai also abused the Appellant addressing him as "Bhadwa". The Appellant got enraged and assaulted Fekanbai with an iron rod on her head, as a result of which she fell down and started groaning. At that time, Dhankunwar (PW7), mother of the Appellant was also present there. Having heard the groaning of Fekanbai, Pareshwar (PW4) and Gopichand (PW5) reached there. All of them shifted injured Fekanbai to the hospital at Sakti immediately. From there, she was referred to the Chhattisgarh Institute of Medical Science (CIMS), Bilaspur. She was further suggested to be shifted to a higher medical centre for her better treatment. On account of financial hardship, she was being taken back to home, but, on the way, she succumbed to the injury. Raju Dhobi (PW12) lodged First Information Report (Ex.P15) at Police Station Malkharoda for the offence punishable under Section 302 of the Indian Penal Code. Inquest (Ex.P5) was prepared. Post mortem examination was done on the dead body of Fekanbai by Dr. R.P. Kurre (PW9). His report is Ex.P12 in which he found a lacerated wound with fracture of frontal part of skull, size 2 "x1"x ". He also found damage in brain matter and the face was smeared with blood. He opined that the injury sustained by deceased Fekanbai was caused by a hard and blunt object within 12 hours from the post mortem examination. He further opined that Fekanbai died of haemorrhagic shock as a result of the injury sustained by her and the nature of death was homicidal. During investigation, on 25.12.2010, memorandum statement (Ex.P1) of the Appellant was recorded before Sunderlal (PW1) and Shivkumar (PW2) and on the basis of the said statement, one iron sabbal was seized from the Appellant vide seizure memo (Ex.P2). The sabbal was examined by Dr. R.P. Kurre (PW9). His report is Ex.P13 in which he found human blood like stains over the sabbal. He advised for chemical examination of the sabbal. He opined that the injury suffered by the deceased could be caused by the said sabbal. From the place of occurrence, plain and blood stained soil were seized vide Ex.P3. Spot-map (Ex.P11) was prepared. The seized sabbal was sent to the Forensic Science Laboratory for chemical examination. FSL report is Ex.P23 in which blood stains were found on the sabbal, but, no serological report is available in this regard. Statements of witnesses were recorded under Section 161 of the Code of Criminal Procedure. On completion of the investigation, a chargesheet was filed against the Appellant for offence punishable under Section 302 of the Indian Penal Code. Charge was framed against him under Section 302 of the Indian Penal Code.

(3.) To rope in the Appellant, the prosecution examined as many as 12 witnesses. Statement of the Appellant was also recorded under Section 313 of the Code of Criminal Procedure in which he denied the guilt and pleaded innocence. 1 witness has been examined in his defence.