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Judgment
Conviction,Sentence
U/s 302 of Indian Penal Code (in short ‘IPC’),"Life imprisonment with fine of Rs.500/-, in default of
payment of fine amount, additional R.I. for 2 months.
(iii) Dark red colour to brownish ecchymosis present on right parietal region measuring 6 x 6.5 cm coronal present ecchymosis diffused.,
Skull- shows fractures at the site of ecchymosis i.e. depressed comminuted fracture present on right frontal bone over coronal suture of 5.5 x 6 cm,
coronally, fractured bone depressed in wound at multiple small pieces, about 2 mm inwards coronal suture separated 0.5 cm gapping at vertex region",
also present, depressed fracture on right parietal bone of 5 x 5.5 cm coronally with small broken pieces,",
3 mm inverted another depressed comminuted fracture present on right frontal region, 3 cm dia & 0.5 cm dia area. Underneath fracture extradural",
hemorrhage present on brain lacerated and coming out from depressed fracture lacerated contusion present on brain at right parietal lobe of 5 x 5 cm,
sagittally, massive subdural hemorrhage present on right fronto-parieto temporal lobe of 16 x 11 cm sagittally with 2 mm. clots width, sub-arachnoid",
hemorrhage present all over right side brain.,
(iv) Contused lacerated wound with stitches present on left parietal region of 3 cm long with 3 intact stitches underneath dark red to brownish,
ecchymosis present.,
(v) Contused lacerated wound on right parieto temporal region of 7 cm long having 7 intact stitches sagittally bone deep underneath bone depressed,
measuring 6.5 x 3 cm area.,
(vi) Contused lacerated wound on parietal measuring 5 x 2 cm sagittally with 5 stitches.,
All injuries are shown dark red to brownish colour ecchymosis.,
Head injury is sufficient to cause death in ordinary course of nature.,
After noticing the aforesaid injuries, he submitted its postmortem report (Ex. P-15) by opining that the cause of death was due to cardio respiratory",
failure as a result of head injury and their complications and, the death was homicidal in nature.",
Girdhari (PW-1) is the brother of the deceased who came to know about the alleged incident from Leela Bai (PW-4) that the appellant has,
assaulted the deceased with an axe and ran away. Upon hearing so, he went to her house and saw that the deceased was lying on the floor",
unconsciously and blood was spreading over there. This witness is thus hearsay witness and has turned hostile subsequently without supporting the,
prosecution's case.,
Mohan Das (PW-2) is a village Kotwar and the witness of the disclosure statement (Ex. P-2) of the appellant, by which, the alleged used weapon",
“axe†was recovered vide seizure memo (Ex. P-3). He is also the witness of seizure memo (Ex. P-4) by which, the blood stained soil was",
recovered from the place of occurrence.,
Dr. B.S. Dhruv (PW-3) is a Medical Officer at Community Health Center, Palari who has submitted its MLC report (EX.",
P-6) after examining the injuries of the deceased on 18/09/2011, in which, it was found that the alleged injuries were serious in nature which could be",
caused by the said weapon “axeâ€.,
Chowaram (PW-6) is a Farmer, who has not supported the case of the prosecution and has turned hostile. Narendra Shrawan Borse (PW-7) is a",
Patwari who prepared the spot map (Nazri Naksha) vide Ex. P-8. Tulsiram Verma (PW-8) is the witness of disclosure statement (Ex. P-2) of the,
appellant, which led to the recovery of the axe vide seizure memo Ex. P-",
This witness thus, has supported the prosecution's case.",
Suklal Tandan (PW-9), Narhari Hota (PW-10), Ramgopal Soni (PW-11), S.R. Chandrawanshi (PW-15) and Top Singh Diwan (PW-18) are the",
formal witnesses. Ashwani Kumar (PW-13) and Premabai (PW-16) have turned hostile without supporting the prosecution's case. Anoop Nag (PW-,
17) is the Investigating Officer, who has assisted the prosecution.",
A close scrutiny of the aforesaid evidence particularly, the statements of the eyewitnesses, namely, Leela Bai (PW-4) and Punibai (PW-5)",
coupled with the postmortem report (Ex. P-15), it is evident that on the fateful day i.e., on 18/09/2011, at about 4.00 AM, the appellant had",
assaulted his wife namely Nainbai with an axe on several times on her head, as a result of which, blood started oozing and she fell down unconsciously",
and expired two days thereafter i.e. on 20/09/2011 in the hospital owing to the alleged assault.,
Consequently, we do not find any substance in this appeal. The appeal is therefore, liable to be and is hereby dismissed. The judgment under",
appeal as passed by the trial Court convicting and sentencing the appellant for the offence punishable under Section 302 IPC is hereby affirmed.,