JUDGMENT :

Ramesh Sinha, J.

1. The appellant has preferred this appeal under Section 374 of the Code of Criminal Procedure, 1973 (for short, the Cr.P.C.) questioning the impugned judgment dated 21.12.2021 passed by the learned First Additional Sessions Judge, Sakti, District Janjgir Champa, in Sessions Trial No. 01/2018, whereby the appellant has been convicted and sentenced as under:

2. Case of the prosecution, in short, is that on 25.09.2017, at 1:30 p.m. Tihari Bai (hereinafter referred to as 'the deceased'), Rambai (PW-4) (hereinafter referred to as 'the complainant'), Lokabai (PW-1) and Sonibai (PW-7) were having their lunch at their home. At that time, the accused/appellant entered their house, bolted the door from inside and when the deceased stopped him and tried to open the door, appellant brutally assaulted on the head and other parts of her body by iron pipe. On intervention by the complainant, Lokabai and Sonibai, appellant assaulted them also with the iron pipe. All the injured were taken to the Community Health Centre, Malkharoda. The deceased was referred to Jindal Hospital, Raigarh and from there, she was taken some other hospital for better treatment, however, on 30.09.2017, at about 11:45 a.m., the deceased succumbed to the injuries.

3. The first information report (Exhibit P/8) bearing Crime No. 156/2017 was registered on 25.09.2017 at about 14:45 p.m. at the instance of the complainant-Ram Bai Sahu (PW-4) wherein it was alleged that the as the appellant was having one-sided love affair with the complainant, he asked the complainant to elope with him but when the said incident came to the knowledge of the parents of the complainant, they abused him upon which the appellant, on the date of incident entered their house and assaulted the deceased and her daughters. The FIR was registered against the appellant for the offences punishable under Sections 452, 294, 506, 323 of the IPC.

4. During the course of treatment, the injured succumbed to the injuries on 30.09.2017 upon which Merg Intimation (Exhibit P/7) was recorded at about 12:45 p.m. by the police on the intimation given by Gopi Kishan Sahu (PW-5).

5. After investigating the matter, the police submitted the police report alongwith charge-sheet against the appellant/convict under section 452, 294, 506, 323, 307, 302 and 450 of the IPC and accordingly, the case was registered as Sessions Trial No. 01/2018.

6. The learned Second Additional Sessions Judge, Sakti, framed charge on 16.01.2018 charging the appellant/accused for the offence punishable under Section 450, 452, 323 (two counts) and 302 of the IPC. The accused/appellant denied the charges and prayed for trial.

7. Amongst others, the prosecution has exhibited the following documents in support of its case:

Property Seizure Memo (Exhibit P/1)

Spot Panchnama (Exhibit P/2)

Spot Map (Exhibit P/3)

Summons under Section 175 of Cr.P.C. (Exhibit P/4)

Crime Details Form (Exhibits P/5 & P/6)

Merg Intimation (Exhibit P/7)

First Information Report (Exhibit P/8)

Statement of Ku. Ram Bai Sahu (Exhibit P/9)

Inquest Report (Exhibit P/17)

Memorandum & Duty Certificate(Exhibit P/18)

Property Seizure Memo & Memo of Query Report (Exhibit P/19)

Property Seizure Memo, Medical treatment documents of Tiharin Bai (Exhibit P/20)

Query Report (Exhibit P/20A)

Statement of Geeta Ram Sahu, Statement of Smt. Shanti Sahu, Memo for Query report & Bed Head Ticket of Soni Kumari (Exhibit P/21)

Query report, Statement of Nand Kumar Sidar, Bed Head Ticket of Tiharin Bai Sahu & Bed Head Ticket of Loka Sahu (Exhibi