SANJAY K.AGRAWAL, J. - (1.)This criminal appeal under Sec. 374(2) of CrPC is directed against the impugned judgment dtd. 28/08/2015 passed by learned Additional Sessions Judge, District Surajpur in Sessions Trial No. 49/2015 whereby the appellant has been convicted for offence punishable under Sec. 302 of IPC and he has been sentenced to undergo life imprisonment with fine of Rs.100.00 and in default of payment of fine, further R.I. for 5 months.
(2.)Case of the prosecution, in brief, is that on 12/04/2015 at about 8 PM at Village Devna Baigapara within the ambit of Police Station Ramanujnagar, the appellant herein assaulted his wife Parwati with wooden plank and caused her death and thereby, committed the aforesaid offence.
(3.)Further case of the prosecution is that on 13/04/2015, Rambharosh Gond (P.W.-6) lodged a report at Police Station Ramanujnagar stating that her elder daughter Parwati was married with the appellant nearly about 25 years ago and she resided with her husband at village Devna. At about 7 AM, Sheshmani Singh (P.W.-7) came to his house and informed that his daugther Parwati has died. Immediately thereafter, he along with Lalchand (P.W.-8) and Sudama (not examined) went to his daughter's house in village Devna and when they asked the appellant about the death of Parwati, he did not give a satisfactory reply, as such, they came to the Police Station and again when they returned to appellant's house with the police, appellant admitted that on 12/04/2015 at about 8 PM, his wife Parwati came home in an intoxicated condition and on that account, dispute arose between the husband and wife and they started quarreling and out of sudden anger and in heat of passion, appellant assaulted his wife Parwati with wooden plank on her head due to which she sustained injuries and blood started oozing out. She fell in the courtyard and after some time succumbed to her injuries and died. On the basis of the said information, merg intimation was registered vide Ex. P/8 and first information report was registered against the appellant vide Ex. P/9. Inquest was conducted vide Ex. P/5 and dead body of deceased Parwati was subjected to postmortem which was conducted by Dr. D.K. Vishwakarma (P.W.-4) and as per the postmortem report (Ex. P/4A), cause of death is said to be coma due to head injury and nature of death is said to be homicidal. Memorandum statement of the appellant was recorded vide Ex. P/11 and pursuant thereof, recovery of wooden plank was made from him vide Ex. P/12 which was sent for chemical examination and as per the FSL report (Ex. P/18), blood was found on it. After due investigation, the appellant was charge-sheeted for offence punishable under Sec. 302 of IPC which was committed to the Court of Sessions for trial in accordance with law. The appellant abjured his guilt and entered into defence.