NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRIMINAL APPEAL NO. 1350 OF 2017 (Arising out of Judgment & Order dated 20.7.2017 passed by Sessions Judge, Ambikapur, District Surguja in Sessions Case No.13/2017)

•

Somar Sai Pando, S/o Amarsai Pando, aged about 36 years, R/o Village Phoolchuhi (Pandopara), Police Station Udaipur, District Surguja (C.G.)

... Appellant(s)

Versus •

State of Chhattisgarh, Acting through: Station House Officer, Police Station Udaipur, District Surguja (C.G.)

... Respondent(s)

__________________________________________________________

For Appellant :- Mr. Anand Gupta, Advocate.

For Respondent/State :- Mr. Arvind Dubey, Government Advocate.

___________________________________________________________

Division Bench Hon'ble Shri Justice Sanjay K. Agrawal Hon'ble Shri Justice Sanjay Kumar Jaiswal Judgment on Board (19.02.2024)

Sanjay K. Agrawal, J.

1. This criminal appeal under Section 374(2) of CrPC has been preferred by the appellant against the judgment and order dated 20.7.2017 passed by Sessions Judge, Ambikapur, District Surguja in Sessions Case No.13/2017, by which the appellant has been convicted for the offence punishable under Section

302 of IPC and sentenced to undergo Imprisonment for Life with fine of Rs.500/- and in default of payment of fine amount, to undergo additional six months' rigorous imprisonment.

2. Case of the prosecution, in brief, is that on 3.11.2016 at about 9:00 p.m., in Village Phulchuhi under Police Station Udaipur, District Surguja, the appellant assaulted his wife, Malti Bai, with bamboo stick by which she sustained grievous injuries and died. Thereafter, the appellant is said to have made extra- judicial confession to his father PW-2 Amar Sai and PW-8 Sukhdev, brother of the deceased, stating that out of anger he has assaulted his wife with bamboo stick.

3. Merg Intimation regarding the death of Malti Bai was recorded vide Exhibit P-1 and on that basis, F.I.R. was registered against the appellant for the offence punishable under Section 302 of IPC vide Exhibit P-2. Sketch Map of the place of incident was prepared vide Exhibit P-3 and Nazri Naksha was also prepared by the Patwari vide Exhibit P-9. Inquest was conducted vide Exhibit P-13 and the dead-body of deceased Malti Bai was subjected to post-mortem which was conducted by Dr. P.S. Marco (PW-5) vide Exhibit P-10 in which the cause of death of deceased Malti Bai was opined to be hemorrhagic shock due to heady injury and the death was homicidal in nature. Clothes of the deceased were seized vide Exhibit P-19. Appellant was taken into custody and his memorandum statement was recorded vide Exhibit P-15 pursuant to which, a bamboo stick was recovered vide Exhibit P-16. In the F.S.L. report (Exhibit P-22), no blood was found on the seized bamboo stick.

4. After completion of the investigation, the appellant was charge-sheeted for the offence punishable under Section 302 of IPC before the Court of Chief Judicial Magistrate, Ambikapur from where, after committal, the matter was submitted for trial and its disposal in accordance with law before the Trial Court where charge for the said offence was framed and read out to the appellant who abjured his guilt, pleaded for false implication and entreated for trial.

5. During the course of trial, in order to bring home the offence, the prosecution examined as many as 8 witnesses and exhibited 22 documents. Statement of the accused-appellant was recorded under Section 313 of CrPC, in which he denied the circumstances appearing against him in the evidence brought on record by the prosecution, pleaded innocence and false implication. However, in defence, neither any witness has been examined nor any document has been exhibited.

6. After conclusion of the trial, the Trial Court, vide impugned judgment and order dated 20.7.2017, on appreciation of the oral and documentary evidence available on record, reached to the conclusion that the appellant has caused death of his wife, Malti Bai, and accordingly convi