CHAMRU RAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) APPELLANT Chamru Ram stands convicted under Section 302 IPC and sentenced to undergo imprisonment for life by the Sessions Judge, sarguja (Ambikapur) in Sessions Trial no. 103/2001 on 8th of April 2002.

(2.) THE facts, briefly stated, are as under: deceased Sumitra Bai was the wife of the appellant. On 7. 2. 2001, the appellant went to village Kotwar Gyandas (PW4) and stated that a thief has entered in his house Gyandas went to panch of the village namely Jagdish singh (PW1 ). Gyan Das (PW4), Village. Patel Rameshwar Prasad (PW5), Alam sai (PW12), Jai Singh, Viphal Das (PW 10) and many other villagers went to the house of the appellant. The appellant was present near his house. They asked him about the thief, on which, he stated that the thief is inside the house. At that time, the doors of the house were closed. The doors were opened, they entered into the house and saw that there was no thief in the house. However, the dead body of the wife of the appellant was there. Bloodstains were also present near the dead body. When they asked to the appellant, he made extrajudicial confession before them that he has killed his wife. The matter was reported to the concerned police station by Jagdish Singh (PW 1), on which, a First Information report (Ex. P1) was registered. The Investigating Officer reached to the scene of occurrence, gave notice (Ex. P3) to the panchas and prepared inquest (Ex. P4) on the body of the deceased. The dead body of the deceased was sent for post-mortem to Community Health Center, Udaypur, where the post-mortem examination was conducted by Dr. A. R. Jayant (PW8) who noticed the following injuries on the body of the deceased.

(3.) ADMITTEDLY, there are no eyewitnesses in this case and the conviction of the appellant is based upon the circumstantial evidence. The learned Sessions Judge has mainly relied on the circumstance of the extrajudicial confession made by the appellant before the villagers including Jagdish (PW1), Gyan Das (PW4), Rameshwar (PW5)and Viphal (PW10 ).