SARASWATIBAI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Accused/appellant Saraswatibai has preferred this criminal appeal under Section 374(2) of the Code of Criminal Procedure being aggrieved by the judgment of conviction dated 23-7-2001 passed by the learned Seventh Additional Sessions Judge, Raipur by which the learned Additional Sessions Judge after holding the above accused/appellant guilty of the offence under Sections 302 and 309 of the Indian Penal Code convicted her under the said Sections and sentenced her to undergo imprisonment for life and to undergo simple imprisonment for one year, respectively.

(2.) The relevant prosecution story for the disposal of this criminal appeal is that the accused/appellant was living in Village Sandi along with her daughter Santoshi Bai (since deceased) aged about five years. The accused is a lady of weak mind and she used to earn her livelihood by begging. She is also a lady of ill temperament. On the fateful day when the daughter of the accused demanded water, the accused became angry and took her to a well. She took her belongings and jumped in the well along with her daughter Santoshi Bai and belongings. At that time, Laxman (P.W. 7) was passing through. On hearing the scream 'save save', he peepped into the well and he started raising the cries. On that, the villagers assembled and took out the accused and the deceased by a rope. By that time Santoshi Bai was already dead. The belongings of the accused/appellant were also taken out The village Kotwar namely Dev Singh Chouhan reported the matter to Mandir Hasoud Police Station and the Police registered Merg report (Ex. P-3). The Investigating Officer after reaching the scene of occurrence prepared the Panchanama (Ex. P-5) of the dead-body of deceased Santoshi Bai was prepared and post mortem of the dead-body was got conducted. The belongings of the accused/appellant were taken into possession. The First Information Report (Ex. P-10) was registered and after completion of the investigation, challan was filed against the accused/appellant under Sections 302 and 309 of the Indian Penal Code.

(3.) Learned Additional Sessions Judge framed the charges against the accused/appellant which she denied and said that she has been falsely implicated. She fell in the well on account of the darkness and she raised the cries 'save save'; thereafter the villagers came and took her out. She is innocent. In order to prove the charges against the accused/appellant the prosecution examined in all ten witnesses at the trial. The statement of the accused/appellant under Section 313 of the Code of Criminal Procedure was also recorded. She denied the statements of the witnesses. However, she admitted that she fell in the well and she was taken out by the villagers and in the last she has said that when she was coming to her house due to the darkness she fell in the well and she raised cries 'save save', thereafter the villagers came and she was taken out from the well. She is innocent.