SUDHA KUJUR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arise out of judgment of conviction and order of sentence dtd. 6/9/2022 passed by the Additional Sessions Judge/Additional Charge of FTC, Jashpur, District Jashpur, in Sessions Case No.03/2021 convicting the accused-appellant under Ss. 302 and 201 IPC and sentencing her to undergo Rigorous Imprisonment for life and fine of Rs.10,000.00 and Rigorous Imprisonment for 5 years and fine of Rs.5000.00respectively with default stipulations.

(2.) As per the prosecution's case, there was a family dispute between the accused-appellant and her husband and his family members. The appellant wants to reside separately along with her husband. In the family of her husband since there was two sisters in law who happens to be physically disabled and also the old aged mother, her husband refused to reside separately from his family. In the said condition and out of anger, on 6/9/2020 at about 6-7 PM in the evening along with her 8 months old child Ronit Ram (since deceased) she left her matrimonial house of village Jabla. It is also the case of the prosecution that due to the aforesaid dispute she does not want to keep the child with her. She murdered her child on the way and thrown the deadbody in Panchakki River and went to her parental home where she narrated that at the time of cleaning her child who answered the call of nature, her child slipped out from her hands and drown in the river. On 7/9/2020 at about 20:40 hours, the appellant accused herself lodged a Merg Intimation in which also she informed the Police that her child has answered the call of nature and while cleaning him her child slipped out from her hands and drown in the river. The Police registered a Merg Intimation vide Ex. P/14 on the information given by the appellant-accused.

(3.) During merg inquiry, the body of the deceased was recovered from a distance of 60-70 meters away from the place where he was said to have been slipped out from the hands of the appellant. Inquest, Ex. P/16 was prepared in presence of the witnesses and the body was sent for postmortem.