Wmaxw mmz§wm %awf‘anam1 ¥The judgment of convicfion and order by me Sessions Judge, was . (Jagdalpur), in sessions Trial No.34 11997 whereby learned 5essions Judge af1'er' holding fhe accused/appena Section 302 of The Indian Penal Co e (for shorf ‘V‘he 1P6") sentenced him 1'0 undergo imprisonmenf for- life. 2) Case of fhe prosecution; in briefs is fha‘i in fhe fn‘reful nigh? Le. 12-6-1997 when The accused/apyel an‘i' along wi1’h his wife namely,Madavi Cheifi (sinee deceased) were sleep ng in one room whereas the mother of 1'he deceased namely, Madavi Mon o (PW-2) and The son of the deceased namely; Laxrnan (PW—3) were sl This appeal is direcfed agai‘ of sentence dated 9-9-1998 p ping in anoTher room; Madavi Monddo (PW-2) heard‘fhe sound from fhe oom of 'i'he accused, on which she asked her grandson Laxman (PW-3),. who s aged obouf 8 years, 1'0 go ‘l'o 1'he room of his mother and find our fhe recs n of the sound. He wenf ‘i'o The room of his mo‘l'her, sow The siTuaTion, c e and informed Madavi Monddo (PW-2) ThaT The accused afTer commiTTing The murder of his wife hanged her wi‘i’h' The roof. Therefore‘ PW-Z Mada i Monddo along wiTh PW-3 Laxman again went To The room where The accu ed and The deceased were sleeping and sow ThaT The accused was cuTTing T e sareé wiTh The knife, wiTh The help of which The body of Modavi CheiTi hanging wiTh The roof. After cuTTing of The saree; The body of The d ceased fell down on The ground. The accused slapped’Madavi Monddo PW-Z) 64 Laxman (PW-3) and ran away [View uilTv for commission of offence under I i n a d WW WW aaa’ri—vmm fowar-ds ‘l'he for-est carrying fhe saree 'm his hand. The mmer was ‘repor'red by Madavi Monddo‘l‘PWnZ) and gave merg infimarion (EXP/8L based on fhaf Firsf Informa‘fion Report (EXP/5) was regisfer-ed. The Invesfign‘ring Officer lef‘l' for ‘rhe :tcene of. occurrence. After giving noi'ice f0 the Panchas, he prepared inquest (EXP/1) on the body of Madavi Cheiti. Body of Madavi Cheiti was sent or postmortem examination to Primary Health Centre, Bacheli under Ex.P/ where Dr. 6R. ,Uraon (PW-1) conducted postmortem and opined that the se of death was coma, as a resutt of head injury. Death was homicidal in nature. Postmortem report is EXP/2. 3) After completion of investig tion; charge sheet was filed in the Court of Judicial Magistrate, First Class. Dantewada, who in turn committed the case to the Court of Sessions Judg g Bastar (Jagdalpur) for trial. 4) In order to establish the c arge against the accused/appellant the prosecution examined 7 witnesses. Statement of the accused/appellant was recorded under Section 313 of th Cr.P.C. in which he denied’the material appearing against him. He stated hat he is innocent and hue been falsely implicated in the crime in question. Learned Sessions Judg after hearing counsel for the sentenced .the accused/appellant as respective parties; convicted an aforementioned. Mow 10) PW-2 Madavi Monddo, who i; mo‘rher of The deceased & mofher-in- law of The accused; has cafegor‘ica !y sfawd Tha‘r in The faTeful nighT The deceased and The accused were sl ping in one room whereas she along wiTh minor son of The accused were sl i ing in anoTher' room. In The nighT she heard The sound of quarre! from The room where The accused and The deceased were sleeping and she al g wiTh Laxman wenT To The room of The accused. She saw ThaT The body o CheiTi was hanging wiTh The roof wiTh The help of saree. The accused ed her as To why she has come To his house. ThereafTer he ran away ca rying The saree wiTh which The body of CheiTi was hanging. ThereafTer, sh lodged The reporT (Ex.P/5). 11) PW—3 Laxman, who is a minor son of The deceased & accused, has also corroboraTed The above evidence o PW-Z Madavi Monddo. He has sTaTed ThaT he wenT To The room of The accused and saw ThaT The body of his moTher was in hanging posiTion. 12) From The evidence of These Two wiTnesses‘ iT is esTablished beyond reasonable doubT ThoT in The faTe ul nighT The accused and his wife were sleeping in one room and PW-2 Ma avi Monddo heard The sound from Their room; Therefore! she along wiTh La an (PW-3) wenT To The room where she saw The body‘of CheiTi, which hanging wiTh The help saree from The in roof. The accused was presenT he room and seeing Them carrying saree [11% W1} I in his hand ran away from fhe plum down on The ground. 13) Therefore} in fhe circums'l'al expiain'as fo how The body of Chei susfained fhe homicidal injuries, bu fact Therefore, from 'l'he above e‘ Laxman only irresisl’ible conclusion nufhor of fhe crime in question. circumstances as To how The deceas For The foregoing reasons; wi fhe judgmem' of fhe frial Cour? convicTing The accused for commiss IPC for commiTTing The murder of i doubT. 14) 15) In The resulT, The appeal ismissed and iT is hereby dismissec Sdl— .1 4c. L.C.BHADOO Judge z of occurrence. The body of CheiTi fell Ices; The burden was on The accused To was hanging from The roof and how she The accused has noT explained The said ridence of PW~2 Madovi Monddo &_PW-3 can be drawn ThaT The accused was The The accused has failed To explain The ed susTained homicidal injuries. a do no‘r find any illegaliTy or infirmiTy in and The finding of The Trial CourT in on of offence under SecTion 302 of The Iis wife is esTablished beyond reasonable being devoid of meriT is liable ’TS be [View d