Decided on March 08,2018

Harikrishna @ Futte Appellant


J.P. Gupta, J. - (1.) This criminal appeal has been filed assailing the impugned judgment dated 31.7.2007 passed Special Judge, Sidhi, district Sidhi in Sessions Trial No. 42/2006 whereby the appellant has been convicted under Sections 302 of the IPC and sentenced to Life imprisonment with fine of Rs.250/- with default stipulation and also convicted under Section 201 sub section (3) of the IPC and sentenced to 7 years of RI with fine of Rs.250/- with default clause.
(2.) In brief the relevant facts of the case are that on 3.2.2006 at 10.30 a.m. one Lalta Prasad informed the Police station Amiliya District Sidhi that appellant resided with his wife Parvati Devi and their three children in village Khadbada and his wife Parvati died under suspiciious circumstances and the appellant is also missing. His elder son Pankaj is six years old. This information was recorded as merg intimation No.2/6 at Police Station Amiliya district Sidhi. During the investigation that on the basis of the statement of Pankaj PW-4, it was found that on 2.2.2006 at day time there was quarrel between the appellant and the deceased and the appellant assaulted the deceased. Further, in the night again the appellant assaulted the deceased with a hunter and when she fell down, the appellant left the house and in the morning Parvati, wife of the appellant was found dead. In the autopsy of the deceased, it revealed that her death has taken place on account of strangulation. Accordingly, the nature of her death was homicidal. Therefore, on 5.2.2006 the FIR of crime No.17/06 under Section 302 of the IPC was registered against the appellant. On 3.2.2006 the appellant has also lodged report in the same Police Station alleging that on the intervening night of 2.2.2006 and 3.2.2006 nearabout 12 O'clock, Ravendra Singh and Dharmendra resident of the same village came to his house and assaulted him and Revendra caused injury with the knife on his left palm and on his left cheek. Thereafter, he ran away from the house and in the morning, he proceeded to lodge the report. The report of the appellant was recorded as Sanha No.59 at 10.50 a.m. The appellant was examined by the Doctor in the hospital and he was arrested on 5.12.2006 and on the information given by the appellant, one hunter Article-A was recovered from the house of the appellant. After investigation, charge-sheet was filed before the JMFC, Sidhi who commited the case to the Sessions Judge and after getting the case on transfer, learned trial Court tried the case.
(3.) Learned trial Court framed charges against the appellant for the commission of offence under Sections 302 and 201(1)(3) of the IPC. The appellant abjured his guilt. In the trial, his defence was that in the night Ravendra and Dharmendra resident of his village came to his house and assaulted him with knife and caused injury. Thereafter, he left the house and the aforesaid persons killed his wife. However, in defence no evidence has been adduced.;

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