BELWANTI Vs. STATE OF C G

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction & order of sentence dated 5.5.2004 passed by the Sessions Judge, Surguja (Ambikapur), in Sessions Trial No.41 /2003, whereby & whereunder learned Sessions Judge after holding the appellant guilty for commission of culpable homicide death amounting to murder of her husband Sarju, sister-in-law Shanti Bai, mother-in-law Injoriya and father-in-law Nanka @ Nanwa, convicted under Sections 302,302,302 & 302 of the Indian Penal Code and sentenced her to undergo imprisonment for life for each conviction and to pay a fine of Rs.2000/-, in default of payment of fine to further undergo simple imprisonment for three months.

(2.) Judgment is impugned on the ground that without there being any clinching and credible evidence, the Court below has convicted and sentenced the appellant as aforementioned and thereby committed illegality.

(3.) Case of the prosecution, in brief, is that the present appellant was wife of deceased Sarju, sister-in-law of deceased Shanti Bai, daughter-in-law of deceased Injoriya and deceased Nanka. The appellant was residing with her husband, father-in-law and mother-in-law. On the fateful day of 21.10.2002, her sister-in-law (Nanad) was also present in the house of the appellant at village Batwahi, district Ambikapur. The appellant was not having cordial relation with her husband and deceased persons used to beat her. On the dote of incident, the appellant mixed democran poison in the liquor and provided to the deceased Sarju, Shanti Bai, Injoriya and Nanka @ Nanwa. After drinking poisonous liquor, all the persons become unconscious. Jamuna Ram (P W-7) took unconscious Sarju, Injoriya and Shanti to District Hospital, Ambikapur. Injured Injoriya and Sarju died on 21.10.2002. Jamuna Pam lodged merg intimation vide Ex.P/11. Shanti Bai also died in the hospital. Radheshyam informed the police and merg intimation was recorded vide Ex.P/12. Death of Nanka was also intimated by Jamuna Ram (PW-7) vide Ex.P/10. Investigating officer proceeded forthe scene of occurrence and after summoning the witnesses vide Exs.P/1 and P/2, inquest over the dead body of deceased Sarju, Shanti Bai and Injoriya were prepared vide Exs.P/3 to P/5. Investigating officer also summoned the witnesses vide Ex.P/14 and prepared inquest over the dead body of deceased Nanka vide Ex.P/15. Spot map was prepared by patwari vide Exs .P/6 and P/13. Dead body of deceased Nanka was sent for outopsy to District Hospital, Ambikapur vide Ex.P/16. Autopsy was conducted by Dr. J.K.Bhutani (PW-10) vide Ex.P/29 and opined that death was as a result of asphyxia. Viscera were preserved. Dead body of deceased Injoriya was also sent for autopsy vide Ex.P/26 A. Autopsy was conducted by Dr.J.K-Bhutani (PW-10) vide Ex.P/26 and opined that death was as a result of asphyxia.