JUDGMENT :

Ratnesh Chandra Singh Bisen, J.

Learned counsel for the appellant instead of pressing I.A. No.28088/2025, which is third application under Section 430(1) of the Bhartiya Nagrik Suraksha Sanhita, 2023, for suspension of sentence and grant of bail to the appellant-Shankar Baiga, prays that this appeal be heard finally.

2. Accordingly, I.A.No.28088/2025, is dismissed as not pressed and with the consent of learned counsel for the parties, this appeal is heard finally.

3. This Criminal Appeal under Section 374 (2) of the Code of Criminal Procedure, is filed by the appellant being aggrieved of the judgment dated 11.12.2019, passed by the learned Session Judge, Umariya (M.P.), in S.T. No.26/2019, whereby the learned trial Court has convicted the appellant for offence under Section 302 of Indian Penal Code (hereinafter referred to as 'IPC' for short) and sentenced him to life imprisonment with fine of Rs.1,000/- with default stipulation of 06 months Rigorous Imprisonment.

4. Upon being charged under Section 302 of IPC, the appellant abjured his guilt and sought to contest further proceedings in the case.

5. Learned counsel for the appellant submits that the prosecution story in short is that on 14.01.2019 appellant/husband had beaten his wife- Sukhwanti Bai by Bamboo stick (danda) and on 16.01.2019 she expired at home only. It is also alleged that the mother of the appellant Ramni Bai (PW- 11), who is living next door tried to stop appellant-Shankar Baiga from beating the deceased-wife, but she was threatened to go. Next day Sukhwanti Bai was seen injured by other person and was not walking properly and lying in courtyard of house. Police Station Pali had registered dehati merg intimation Ex.P/15 and on the basis of said merg intimation Police Station Pali after enquiry registered crime No.28/2019 under Section 302 of IPC. Investigation was completed and articles were seized. Dead body was subjected to the postmortem and seized articles were sent to FSL, Sagar for examination. Charge-sheet was presented in the Court of Judicial Magistrate, Birsinghpur, Pali. Matter was committed to Sessions Court and thereafter charge was framed under Section 302, trial was conducted and he has been punished as above.

6. Learned counsel for the appellant submits that appellant and deceased belong to Baiga tribe. The tribals take drinks and fight with each other. At the time of incident, the appellant was drunk and was not in his sense to understand the consequences and nature of act. The deceased Sukhwanti Bai was also drunk and as a result fell down, got injured. No dangerous or sharp edged weapon was used by the appellant. Bamboo stick/danda is used for beating his wife, intention was not to cause death of his wife. A small dispute between husband and wife got exaggerated. It is submitted by learned counsel for the appellant that case under Section 302 is not made out, at the most offence under Section 304 Part-I of IPC can be made out.

7. Shri Manas Mani Verma, learned Government Advocate for the respondent/State in turn submits that after analyzing the oral and documentary evidence, which has been produced by the prosecution, the trial Court has properly convicted the appellant under Section 302 of IPC and there is no mistake in the finding arrived at by the trial Court and there are sufficient evidences against the accused person to confirm the conviction of the appellant and as such, it does not call for any interference.

8. We have heard learned counsel for the parties and also perused the record.

9. Dr. Volga Kaithwar (PW-1) had conducted post-mortem. It is stated in his statement that during postmortem, he found seven injuries on the body of the deceased Sukhwanti Bai Baiga. It is also stated that the deceased died due to head injury and injury was grievous in nature and due to excessive bleeding she died. There is no fact in his cross-examination on the basis of which accused got any benefit and there was no suggestion given that when he co