KAMLA BAI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 28th June, 2008, passed in Sessions Trial No. 1/2008 by the Additional Sessions Judge, Sarangarh, District Raigarh (CG). By the impugned judgment, the appellant has been convicted under Sections 302 and 201 IPC and sentenced to undergo imprisonment for life and to pay fine of Rs. 1000/-; and R.I. for 3 years and to pay fine of Rs. 1000/- with default sentence of R.I. for 6 months. The sentences were directed to run concurrently. The facts, briefly stated, are as under:--

(2.) Admittedly, there was no eye-witness to the incident and the case of the prosecution was based on circumstantial evidence. The learned Sessions Judge relied on the circumstances of memorandum and seizure and has held that on the above circumstances, it was proved that the appellant committed murder of the deceased in her house, and then she threw the dead body at an open place, therefore, she was liable for punishment under Sections 302 and 201 IPC. The appellant, thus, was convicted and sentenced as aforementioned.

(3.) Mr. Manoj Kumar Dubey, learned counsel appearing on behalf of appellant, argued that the above circumstances were not sufficient to hold the appellant guilty of the offence punishable under Sections 302 and 201 IPC; the circumstances were not of conclusive nature and tendency; the circumstances were capable of being explained; though blood stains were found on the knife and the clothes, allegedly seized from the possession of the appellant, but in absence of proof of origin and group of the blood stains found over those articles, the circumstance of memorandum and seizure would not be incriminating against the appellant.