SUNIL KUMAR JACHAK Vs. STATE OF MADHYA PRADESH
LAWS(CHH)-2003-9-2
HIGH COURT OF CHHATTISGARH
Decided on September 09,2003

SUNIL KUMAR JACHAK Appellant
VERSUS
STATE OF MADHYA PRADESH Respondents


Referred Judgements :-

GEND LAL VS. STATE [REFERRED TO]


JUDGEMENT

L.C.BHADOO, J. - (1.)The accused/appellant has preferred this criminal appeal under Section 374(2) of the Cr. P.C. being aggrieved by the judgment of conviction and sentence dated 11/01/1999, passed by the Sessions Judge, Raipur, in Sessions Trial No. 198/1998, by which the learned Sessions Judge after holding the accused appellant guilty of the offence under Section 302 of the I.P.C. sentenced him to undergo imprisonment for life.
(2.)The prosecution case, in brief, is that on 25/03/1998, at about 4 p.m., some altercation took place between the accused and his wife Usha, and the accused assaulted his wife with a wooden mallet (a wooden piece meant for washing clothes) of the size of 39.5 cms. in length. As a result of the assault when Usha became unconscious, the accused went to Mohd. Moin (PW-5) at about 7 p.m. and requested him to examine his wife. The accused also informed him that as he had assaulted his wife she had become unconscious. On this, Mohd. Main went to the house of the accused along with the accused and saw that the wife of the accused was lying on the ground covered with a bed sheet. On exam nation he found that the artery of Usha w as not pulsating. He therefore, advised the accused to take his wife to the hospital. T he accused brought a rickshaw and took his wife to the hospital. Dr. Abdul Hame'edMemon (PW-4) examined the wife of the accused and on examination he found that she had already died. The accused brought the dead body of his wife back to his house in the same rickshaw. On seeing the people standing outside the house of accused, Kajo Habit Ur Rehman (PW-11) went to the house of the accused and there the people were talking among themselves that the accused has murdered his wife.
(3.)Kaji Habib Ur Rehman (PW-11) lodged a report Ex. P-17) at Police Statio, Tikrapara. On his report, F.I.R. (Ex. P-18) was registered and the police took up. the investigation. The Panchanama of the dead body was prepared. The dead body was sent for post-mortem examination. Dr. Sanjay. Kumar Dadu (PW-8) conducted the postmortem examination on the dead body of Usha on 26-03-98 at about 4 p.m. and prepared the post-mortem report (Ex. P-8). The Investigating Officer seized the clothes oi the deceased. The accused while in police custody gave memorandum (Ex. P-14) and in pursuance of that memorandum, the police seized the clothes of the accused and the weapon of offence i.e. wooden mallet, the police also seized the broken bangles of t he deceased under Ex. P-16. The seized.articles were sent for chemical examination to the Forensic Science Laboratory, Sagar (M.P.) from where the report (Ex. P-28) was received. After completion of the investigation, charge-sheet was filed against the accused/appellant.


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