SUKI BAI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) of the CrPC preferred by the appellant-accused is directed against the impugned judgment of conviction and order of sentence dtd. 16/2/2015 passed by the learned Sessions Judge, Bastar, at Jagdalpur, Chhattisgarh in Sessions Trial No. 110/2014 by which appellant has been convicted for offence under Sec. 302 of the IPC and sentenced to undergo imprisonment for life.

(2.) Case of the prosecution, in nutshell, is that on 15/9/2014 between 5 to 6 pm at village Purana Sarpanch Para Marenga, Police Station Mardum, District Bastar, C.G., on account of domestic dispute, Hadmo (deceased), husband of the appellant herein, firstly slapped the appellant, then the appellant kicked her husband Hadmo (deceased) by which he fell down and became unconscious and thereafter, she dragged her husband to the kitchen and assaulted him by fire wood on his legs and back and burnt him by which he suffered grievous injuries and died and thereby, committed the aforesaid offence.

(3.) It is further case of the prosecution that deceased Hadmo and appellant were husband and wife. On the date of offence domestic dispute took place between appellant and deceased Hadmo and on that account, deceased Hadmo slapped appellant herein and did not stop, even though requested by the appellant, and out of anger, appellant kicked deceased by which he fell down and became unconscious and thereafter, she dragged the deceased to the kitchen and assaulted him by fire wood on his legs and back and burnt him by which he suffered grievous injuries and died. Appellant had given extra judicial confession to Lakhmu (PW-1), younger brother of the deceased and Sudu (PW-2). Lakhmu (PW-1) informed the said incident to Police Station Mardum. Unregistered FIR and Merg Intimation were registered vide Ex.P/1 and Ex.P/2, thereafter, FIR and Merg Intimation were registered vide Ex.P/12 and Ex.P/11. Inquest proceedings were conducted vide Ex.P/5 and dead body was sent for postmortem. As per postmortem report (Ex.P/16) conducted by Dr. Narayan Nag (PW-9) cause of death was due to cardio respiratory arrest and shock due to chest injury and nature of death is homicidal. Pursuant to memorandum statement of appellant (Ex.P/6), fire wood was seized vide Ex. P/7.