RENUKA KIRAN GABEL Vs. THE STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been filed by the appellant Renuka Kiran Gabel being aggrieved by the judgment dtd. 23/9/2017 passed by the Second Additional Sessions Judge, Sakti, District Janjgir Champa(CG) in ST No.26/2016 whereby and whereunder the appellant stands convicted under Sec. 302 of the IPC and sentenced to undergo imprisonment for life and to pay fine of Rs.500.00, in default of payment of fine to further undergo S.I. for 1 month.

(2.) Brief facts of the case are that on 21/4/2016 Shantibai lodged FIR Ex.P27 in Police Station Malkharoda and Dehati Nalishi Ex. P21 in Police Chowki, Adbhar, District Janjgir Champa that the accused/ appellant who is her daughter in law, has assaulted her with a Danda (bamboo stick) at about 11.00 am saying that she is eating without doing any work "baithe baithe khati ho" and she has also assaulted Milbai on her head and other parts of her body, due to which Milbai died. Milbai was suffering from paralysis since last 3 years and was unable to walk. Due to fear Shantibai ran away from the spot and narratted the incident to the villagers. At about 4.00 pm, Bhanupratap and Shyam Kumar went to the house of Milbai and saw that Milbai was lying dead. The Investigating Officer reached to the place of occurrence. Dehati Nalishi was recorded vide Ex.P21 and merg intimation was also recorded vide Ex.P22 on the same day. FIR was lodged vide Ex.P27. On the next day, after summoning witnesses vide Ex.P2, inquest on the dead body of the deceased was prepared vide Ex.P3. The dead body was sent to C.H.C. Malkharoda for postmortem vide Ex.P16. The postmortem was conducted by Dr. Hemant Kumar Sahu(PW7) and he found following injuries :

(3.) After recording statements of the witnesses, charge sheet was filed against appellant under Ss. 302 and 323 of the IPC. The trial Court framed charges against the accused/appellant. The accused/ appellant denied the charges levelled against her and prayed for trial.