MADDU DILER Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 19.02.2015 passed by 2nd Additional Sessions Judge, Raipur (C.G.) in Sessions Trial No.170/2014, whereby, the Appellant stands convicted and sentenced as under:-

(2.) In the present case, the name of deceased is Pooja Diler. Case of the prosecution, in brief, is that on the date of incident i.e. 21.05.2014 at about 4.30 to 5.00 pm near Tanbe village Labhandi accused/Appellant Maddu Diler was assaulting his wife Pooja Diler by cement brick and wooden stick because of which she fell down in the courtyard of the house of the accused/Appellant. At that time, Satyavan Baghel (PW-7), Manoj Chandrakar (PW-2), Santuram Aadil (PW-5), Kallu @ Rakesh (PW-1), Satya Narayan Kurrey (PW-13), Khanna Sultan (PW-8), Naresh Bharti (PW-10) and Others neighbors had seen the incident. Due to beating by accused/Appellant to his wife she became unconscious, immediately Satyavan Baghel (PW-7) called 108 ambulance and took her to District Hospital, Raipur for treatment where she was declared dead and OPD report (Ex.P-11) was prepared. Prior to death of the deceased, Satyavan Baghel (PW-7) lodged unnumbered Dehati Nalishi No. 0/2000 vide (Ex.P-12) at Telibhanda Police Station. Merg No.23/14 vide (Ex.P-21) was registered at the instance of constable Sunil Yadav. Assistant Sub Inspector of Police Station, Telibhanda lodged the FIR (Ex.P-20) and merg under Section 307 of IPC against the accused/Appellant.

(3.) Inquest report (Ex.P-2) was prepared in presence of witnesses. Postmortem was conducted by Dr. Nitin Barmate (PW-9) vide Ex.P-15, and he found following injuries: