FAGNI BAI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal filed by the appellant-accused under Sec. 374(2) of Cr.P.C. is directed against the impugned judgment of conviction and order of sentence dtd. 11/9/2014, passed by the Court of learned Additional Sessions Judge, Kondagaon, District Kondagaon (C.G.), whereby the appellant-accused has been convicted for offence under Sec. 302 of IPC and sentenced to undergo rigorous imprisonment for life with fine of Rs.1,000.00 and, in default of fine, additional rigorous imprisonment of 03 months.

(2.) The case of the prosecution, in brief, is that the appellant-accused on 11/6/2011 at about 12:00 PM, at Village Kasawahi within the ambit of Police Station Narayanpur, District Narayanpur (CG), has assaulted her husband, namely, Paresar (deceased) by means of an axe due to which Paresar (deceased) sustained mutliple grievous injuries and died on the spot and, thereby, committed the offence under Sec. 302 of IPC.

(3.) The further case of the prosecution, in nutshell, is that: deceased-Paresar alongwith his wife- Fagni Bai (appellant-accused) and children, including Basant Kumar (PW-01) used to reside at Village- Kasawahi and used to do agriculture work; on 11/6/2011, in the afternoon, both husband and wife [i.e. Paresar (deceased) and Fagni Bai (appellant-accused)] came back to their home from fields and, thereafter, deceased- Paresar demand cooked vegetable from appellant- Fagni, but cooked vegetable was not available in the frying pan (utensil), on account of which, deceased- Paresar broke said frying pan (utensil) by means of an axe; thereafter, when appellant- Fagni Bai came and saw said frying pan (utensil) broken, she under anger assaulted deceased- Paresar by means of said axe multiple times on his neck, back, waist and leg, due to which, deceased- Paresar sustained multiple injuries and died on the spot; blood stains were found on the 'sari' of the appellant-accused; the said incident between the appellant-accused and the deceased was seen by their son- Basant Kumar (PW-01), who informed the same to his uncle, namely, Tiluram (PW-02) in his house; thereafter, Tiluram (PW-01) alongwith other villagers, namely, Agyaram (PW-03), Praveen Chand (PW-04), Sukkuram (PW-06) and Devshankar visited the place of occurrence and they saw deceased- Paresar lying on the floor near the door in bloodied condition and injuries were present on his neck, back and leg. Thereafter, on the basis of report lodged by Tiluram (PW-01), marg intimation (Ex.P/01) and FIR (Ex.P/02) were registered against the appellant-accused. Inquest proceedings were conducted vide Ex.P/04. Panchnama and Spot map were prepared vide Ex.P/06 and Ex.P/10 respectively. The dead-body of deceased- Paresar was sent for postmortem examination and in the postmortem examination report (Ex.P/11), Dr. Vinod Bhoyar (PW-07) opined that the cause of death of deceased- Paresar is shock, excessive bleeding and hemorrhage, due to multiple injuries and nature of death is homicidal. The appellant-accused was arrested vide Ex.P/