JUDGMENT :

Ramesh Sinha, J.

1. This criminal appeal preferred under Section 374(2) of the CrPC is directed against the impugned judgment of conviction and order of sentence dated 25.11.2021 passed by the learned Additional Sessions Judge, Special Court (Naxal), Dantewada District–South Bastar, Dantewada in Sessions Trial No. 217/2018 by which the appellant has been convicted for offence under Sections 302 of the IPC and sentenced to undergo rigorous imprisonment for life.

2. Case of the prosecution, in brief, is that on the date of incident i.e., 25.03.2018 at 07.00 am, Pradeep and Rakesh, the children of Paikuram Kashyap’s cousin accused Maniram Kashyap, came to Badi and told that at night, father Maniram had assaulted mother Palo Bai with Mushar (Okhli) on her head and back and she was seriously injured. On the report of the applicant Paiku Ram Kashyap (PW-1), cousin brother of the accused/appellant, Police Station, Dantewada has registered unnumbered First Information Report (Ex.P–01). Since the incident was of Geedam Police Station, First Information Report (Ex. P-08) was registered there. Investigating officer left for scene of occurrence and after summoning the witnesses vide Ex.P-02, inquest over the dead body of deceased was prepared vide Ex.P-03. During the investigation, Spot map was prepared vide Ex. P-05, bloodstained soil and plain soil were recovered from the spot vide Ex.P-03. His memorandum statement was recorded vide Ex.P-01 and at his instance recovery of Mushar (Okhli) was made vide Ex.P-02.

3. Dead body of the deceased was sent for autopsy to the Maharani Hospital, Jagdalpur vide Ex.P-9. Dr. Kailashkar Shashikant (PW- 12) conducted autopsy vide Ex.P-9 and found following injuries :-

(i) Abrasion, dark brown scab around the lateral margin of right orbital region, 5 cm anterior to right ear of size 4 cm x 3 cm.

(ii) Laceration of lateral margin of left orbital region, approximated by 5 surgical stitches, margins are contused of length 4 cm and muscle deep.

(iii) Abrasion, dark brown scab with underlying muscle contusion on left fact, 2 cm anterior to ear of size 8 cm x 7 cm.

(iv) Laceration with contused margins on left side of inferior margin of mandible region, 3 cm left to chin, of size 2 cm x 0.5 cm and muscle deep.

(v) Contusion of scalp on left temporo occipital area, of size 15 cm x 6 cm with underlying muscle contusion.

(vi) Sub dural haematoma on left occipital area, of amount approximately 20 ml.

(vii) Diffuse subarachnoid haemorrhage on all surfaces of brain.

He opined that cause of death was due to head injury and death was homicidal in nature.

4. Statements of the witnesses were recorded under Section 161 of the CrPC. After investigation, it was found that Palo Bai died on account of injuries sustained on her head with Mushar (Okhli) by the accused Maniram. The accused was arrested for offence under Section 302 of the IPC and arrest/court surrender memo was prepared vide Ex.P-04. Thereafter, charge-sheet was filed before the jurisdictional criminal court and the case was committed to the Court of Sessions from where the Additional Sessions Judge, Special Court (Naxal), Dantewa received the case on transfer for hearing and disposal in accordance with law.

5. The accused/appellant abjured the guilt and entered into witness. In order to bring home the offence, the prosecution examined as many as 12 witnesses and exhibited 10 documents. The defence has neither examined any witness nor has exhibited any document.

6. The trial Court upon appreciation of oral and documentary evidence on record and considering that it is the appellant who has committed the murder of his wife, convicted and sentenced him under Section 302 of the IPC, against which the instant appeal under Section 374(2) of the CrPC has been preferred.

7. We have heard learned counsel for the parties and considered their rival submissions made herein-above and also went through the original records of the trial Court with utmost circumspection and careful