BAISAKHU GOND Vs. STATE OF CHHATTISGARH
LAWS(CHH)-2022-8-78
HIGH COURT OF CHHATTISGARH
Decided on August 03,2022

Baisakhu Gond Appellant
VERSUS
STATE OF CHHATTISGARH Respondents




JUDGEMENT

SANJAY K.AGRAWAL,J. - (1.)This criminal appeal filed by the appellant-accused under Sec. 374(2) of Cr.P.C. is directed against the impugned judgment of conviction and order of sentence dtd. 29/4/2017 passed in Sessions Case No. 26/2014 by the Court of learned Additional Sessions Judge, Khairagarh, Dist. Rajnandgaon (C.G.), whereby the appellant-accused herein has been convicted for offence under Sec. 302 of IPC and sentenced to undergo life imprisonment with fine of Rs.1000.00 and, in default of fine, he shall suffer additional simple imprisonment of one month.
(2.)The case of the prosecution, in brief, is that on 13/6/2014 at about 6.00 PM, at village Nachaniya, Police Station Salhewara, District Rajnandgaon (C.G.), a dispute ensued between the appellant and his wife - Rambai with regard to repayment of loan of Rs.10,000.00 by her brother Saheblal Marar, which he has taken from appellant and his wife and as the said amount has not been repaid by his brother, the appellant assaulted her by means of wooden stick on her right shoulder, thighs, back portion, elbow and chest part between ribs and also on calves skin, due to which, she died on 20/6/2014 and, thereby committed the offence under Sec. 302 of IPC. The matter was reported to the Police Station Salhewara, District Rajnandgaon (C.G.) by Shiv Kumar Sahu vide Ex. P.2 and merg intimation was also made by him vide Ex. P.1. Inquest proceedings were conducted vide Ex. P.3. Thereafter, the dead body of Rambai was sent to Government Hospital, Chhuikhadan, where Dr. Seema Thakur (P.W. 2) conducted the post-mortem examination on the body of deceased vide Ex. P.9, in which, cause of death was opined to be Septic Shock due to injuries to ribs and Supracondylar fracture and the cause of death was homicidal in nature. The appellant was arrested on 21/6/2014 and his memorandum statement was recorded vide Ex. P.15 and, pursuant to which, seizure of wooden stick along with other articles was effected vide Ex. P.17. Seized articles were sent to Forensic Science Laboratory, but no bloodstain was found on the stick. Thereafter, statement of witnesses were recorded and after due investigation, the Police filed charge-sheet in the Court of Judicial Magistrate First Class, Chhuikhadan, who committed the case to the Court of Additional Sessions Judge, Rainandgaon for its trial. The accused-appellant abjured his guilt and entered into defence.
(3.)The prosecution in order to prove its case examined as many as 8 witnesses and exhibited 21 documents and the appellant-accused in support of his defence has examined one Santoshi Patel as his defence witness and her statement was recorded and exhibited as Ex. D.1.


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.