AATRAM SANTI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal preferred by the appellant-accused under Sec. 374(2) of the CrPC is directed against the impugned judgment of conviction and order of sentence dtd. 6/5/2015, passed by the Sessions Judge, South Bastar Dantewada in Sessions Trial No.80/2012, whereby the appellant-accused has been convicted for offence under Sec. 302 of the IPC and sentenced to undergo imprisonment for life.

(2.) Case of the prosecution, in brief, is that on 18/2/2012 at about 4 a.m. at morning the appellant murdered his wife Atram Kamla by wooden stick and thereby committed the offence. It is further case of the prosecution that deceased Atram Kamla was residing along with the appellant herein and his children at village Gulla Penta, Sanjaypara, P.S. Bhopalpattnam. The deceased was earlier working in Aaganwadi Center and on account of her salary, some amount was lying deposited in the bank and on 16/2/2012 she has withdrawn some amount from her account and out of which, the appellant had already taken Rs.500.00 out of that money and on 17/2/2012 he kept drinking liquor on the whole day and again on 18/2/2012 at 4 a.m., the appellant demanded money from his wife Atram Kamla, which she refused to give, out of which, the appellant became angry and after tightening her by rope, he assaulted her by which she suffered injuries and died. In the meantime, Korse Chandu (PW-8) reached to the spot, he was also assaulted by the appellant, consequently he ran away from the spot. Thereafter Smt.Korse Nagakka (PW-7) (mother of deceased Atram Kamla) came on the spot, she found her daughter lying unconscious, she administered water and in the meanwhile, deceased Atram Kamla died. Thereafter on the report of Smt.Korse Nagakka (PW-7), FIR was registered vide Ex.P-11. Merg was also registered vide Ex.P-12. Inquest was conducted over dead body of the deceased vide Ex.P-1. Dead body of the deceased was sent for postmortem to Community Health Center, Bhopalpattnam, where Dr.Ajay Ramteke (PW-15) conducted postmortem vide Ex.P-16 and opined that cause of death was due to multiple injuries to bony and vital organs and heamorrhagic shock, injuries were antemortem in nature and death was homicidal in nature. Pursuant to memorandum statement of the appellant vide Ex.P-8, wooden stick and rope were seized vide Ex.P-3, which were sent to FSL examination, but FSL report has not been brought on record. Statements of the witnesses were recorded and after due investigation, the police filed charge-sheet in the Court of Chief Judicial Magistrate, Bijapur, who in turn, committed the case to the Court of Sessions, South Bastar Dantewada. The appellant/accused abjured his guilt and entered into defence that he has not committed any offence and he has falsely been implicated in crime in question.

(3.) In order to bring home the offence, the prosecution examined as many as 15 witnesses and exhibited 17 documents. The appellant-accused examined none in his defence and no document has been exhibited in his support.