JOHAN KHAKHA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The appeal is posted for hearing on I.A.No.1 for suspension of sentence and grant of bail to the appellant, however, with the consent of learned counsel for the parties, we have heard the appeal itself on merits.

(2.) Appellant has been convicted for committing offence under Section 302 of the Indian Penal Code (for short 'the IPC') for committing murder of his wife namely; Fudan Bai (since deceased) at about 10.00 pm on 27-12-2016. Appellant's son Manoj Kumar (PW-1) lodged First Information Report (FIR) (Ex.P/2) at 10.20 am on 28-12-2016 that he and his younger brother Ganesh (PW-2) had gone to their relatives' house in a different village and his parents were alone in the house on the date of incident. When they returned at about 12'O clock in the night and he was having dinner in the kitchen, Ganesh informed him that their mother (deceased) is bleeding from her head and is not moving. The informant and Ganesh went and tried to awake the deceased, but she did not respond. In the morning they found that she has died. They informed the villagers. At 8.00 am the appellant reached their house and made extra judicial confession that he has assaulted the deceased 3-4 times by means of wooden peedha.

(3.) In the postmortem examination (Ex.P/20) proved by Dr.Arun Kumar (PW-8) the deceased was found to have sustained (1) fracture of left ribs 1, 2, 3 & 4; (2) lacerated wound over occipital area of skull; (3) lacerated wound behind left ear; and (4) haematoma below left eye. She died out of hypo-volumic shock due to internal hemorrhage.