BUDHU Vs. STATE OF M P

JUDGEMENT

(1.) Appellant Budhu has preferred this appeal against his conviction under Section 302 of the Indian Penal Code (for short the I.P.C.) with sentence of imprisonment for life vide judgment dated 30-9-1988 passed by Sessions Judge. Ambikapur in Sessions Trial No. 30/ 1988.

(2.) The factual matrix of the case as disclosed in the charge-sheet, is that Mst. Kandi Bai (since deceased) was the wife of accused Budhu. On 1-5-1987 accused Budhu alongwith his wife deceased Kandi Bai had gone to their field for doing agricultural operations In the evening while coming back to their house. Kandi Bai in a complaining tone asked accused Budhu as to why he used to loiter late in the night. The accused felt offended and asked his wife Kandi Bai as to whether she was suspecting his illicit relationship with someone. During the ensuing altercation accused Budhu is said to have assaulted his wife Kandi Bai by means of bahanga (a wooden stick). It appears that one or two blows unfortunately resulted in some internal damage leading to her death. The First Information Report about the incident was lodged by Nathia brother of accused Budhu in the noon of 2-5-1987 at P.S. Kamleshwarpur. District Surguja giving rise to the registration of a case at Crime No. 11/1987 under Section 302 of the I.P.C. The Autopsy Surgeon found as many as 12 external injuries on the body of deceased Kandi Bai and in his opinion the cause of her death was coma as a result of cerebral haemorrhage due to trauma on temporal region. After completing the investigation police Kamleshwarpur charge-sheeted accused Budhu for the commission of the offence under Section 302 of the I.P.C.

(3.) Accused Budhu abjured his guilt and pleaded false implication to the charge framed by the Trial Court under Section 302 of the I.P.C.