JUDGMENT :

ARVIND KUMAR VERMA, J.

1. This criminal appeal filed by the appellant-accused under Section 374(2) of Cr.P.C. is directed against the impugned judgment of conviction and order of sentence dated 17.08.2023, passed by the learned Sessions Judge, Surajpur, District Surajpur (C.G.) in Sessions Trial No. 43/2020, whereby the appellant-accused has been convicted for offence under Sections 302 and 201 of the IPC and sentenced to undergo imprisonment for life and fine of Rs.500/- in default of payment of fine, to further undergo additional rigorous imprisonment for one month and sentenced to undergo rigorous imprisonment for two years and fine of Rs.500/- in default of payment of fine, to further undergo additional rigorous imprisonment for one month.

2. Case of the prosecution, in brief, is that complainant Sajjan Ram (PW-01) lodged Dehati Nalishi (Ex.P-1) at Police Out Post-Basdei, Police Station Surajpur against the appellant stating inter-alia that on 17.04.2020, the appellant caused the death of his wife Basanti @ Shivkunwar in his house at village Bhavrahi, Police Station and District Surajpur (C.G.). He committed the crime of murder by causing her death by beating her with hand, fist, kicks and stick with an intention to kill her and with intention of shielding himself from legal punishment of murder, he buried the body of the deceased/wife in the courtyard of his house and destroyed the evidence of murder.

3. On receiving the said information, police officials reached the house of accused-appellant, where after taking information from the appellant regarding his wife Basanti @ Shivkunwar, accused told that at around 03:00 AM, his wife left the house and he locked the house and went away. On being suspicious, he saw from the back side of the house and found that the court-yard soil has been dug. The accused/appellant beat his wife over family matters, killed her and buried the body in the court-yard with the intention of hiding the evidence of murder. On the basis of complaint of Sajjan Ram, FIR (Ex.P/21) was lodged against the appellant for the offence under Sections 302 and 201 of the IPC. Spot map was prepared by the investigating officer. Blood stains soil, plain soil and lock were recovered from the place of incident before Sajjan Ram (PW-01) and Devsharan (PW-05) vide Ex.P-10 and Ex.P-8. Memorandum statement of the appellant was recorded vide Ex.P-7 and on the basis of his memorandum statement, stick, shovel and crowbar were seized. After investigating, charge-sheet under Sections 302 and 201 of the IPC was filed before the competent Court, he denied his guilt in his statement under Section 313 of the CrPC and stated that he is innocent and has been falsely implicated in the case. Dead body of the deceased was sent for postmortem examination to District Hospital, Surajpur where Dr. Seema Gupta (PW-15) conducted postmortem over the body of the deceased vide Ex.P-30 and found following injuries:

(I) Soil present all over the body.

(II) Rigor mortis present all over the body.

(III) Multiple abrasions present different part of the body on both knees, toes, face, hand all are due to friction with rough surface.

(IV) Multiple print bruise and contusion on over chest may be caused by hard object.

(V) Lacerated wound over left side of chest in the size of 15 x 10 x 0.5 cm irregular boundaries due to hard object rough surface.

Dr. Seema Gupta opined that cause of death was ‘Haemorrhagic shock due to poly trauma (assault)’ and death was homicidal in nature.

4. Statements of the witnesses were recorded. After due investigation, the police filed charge-sheet in the Court of Chief Judicial Magistrate, Surajpur, who in turn, committed the case to the Court of Sessions, Surajpur, District Surajpur. The appellant/accused abjured his guilt and entered into defence that he has not committed any offence and he has been falsely been implicated in crime in question.

5. In order to bring home the offence, the prosecution examined as many as 15