REENA SANDEY Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal preferred by the appellant under Sec. 374(2) of Cr.P.C. is directed against the impugned judgment dtd. 14/2/2022, passed in Sessions Trial No.11/2019, by which the learned First Additional Sessions Judge, Sakti, has convicted the appellant herein for the offence under Sec. 302 of I.P.C. and sentenced to imprisonment for life and fine of Rs.1000.00, in default of payment of fine, additional R.I. for 6 months.

(2.) Case of the prosecution, in short, is that on 31/10/2018, daughter of appellant namely Baby Anshika, aged about 8 years, went to the house of the deceased to play and while playing accidentally the sound box which was kept in the house of the deceased broken down at the instance of daughter of appellant herein, on which the deceased scolded the baby and the baby while weeping returned to her house and told the incident to her mother, then the appellant went to the house of the deceased Shyam Kumar Sande and used filthy language against him and assaulted him by way of club. Thereafter, the deceased was immediately taken to the hospital but on account of head injury, he succumbed to death. On the basis of information given by the Hospital to the Police Station Malkharauda, FIR was registered vide Ex.P-25 for the offence under Ss. 294, 506 Part-II and 302 of I.P.C. and panchnama was conducted vide Ex.P-12 and on the recommendation of panchas, dead body was sent for post-mortem, which was conducted by Dr. N.K.Dhruve (PW-15) who prepared a report vide Ex.P-24 in which cause of death was head injury, which is homicidal in nature. Upon the memorandum statement of the appellant Ex.P-8, wooden club was recovered vide Ex.P-10 and broken sound box was also seized by Ex.P-9, which were not sent for FSL, but the query report of the Doctor was obtained. Thereafter, after due investigation, the appellant was charge-sheeted for the aforesaid offence under Sec. 302 of I.P.C. which was ultimately committed to the Court of Sessions for hearing and disposal in accordance with law, in which the appellant abjured her guilt and stated that she has not committed the offence.

(3.) In order to bring home the offence, prosecution examined as many as 19 witnesses and exhibited 26 documents and the appellant-accused in support of her defence has neither examined any witness nor exhibited any document.