SHYAM BAI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal preferred by the appellant herein under Sec. 374(2) of the Cr.P.C is directed against the judgment of conviction and order of sentence dtd. 11/8/2015 passed in Sessions Trial No.126/2014 by the Sessions Judge, Surguja (Ambikapur) (C.G.), by which the appellant stands convicted and sentenced as under:- <FRM>JUDGEMENT_59_LAWS(CHH)8_2023_1.html</FRM>

(2.) Case of the prosecution, in brief, is that, on 2/7/2014 at 02.30 pm, at village Puta-Mudapara, appellant herein assaulted her husband Kaleshwar (hereinafter called as 'deceased') by sharp edged Basula (an adze) as a result of which, deceased suffered grievous injuries over his body and died and thereby committed the offence. Further case of the prosecution is that the appellant and deceased used to stay at village Puta Mudapara. On the date of incident, at about 11.00, daughter of the appellant and deceased, namely Kaushilya (P.W.4) returned to her house and saw that her father (deceased) was sleeping in the courtyard of the house. At about 2.30 pm, the appellant came back to the house under the influence of liquor and asked her daughter Kaushilya (P.W.4) to go out whereupon she was sitting under the jack-fruit tree. After sometime, the appellant called P.W.4 Kaushilya to see her father and when she (P.W.4) saw her father, he was found lying dead and near his dead body, Basula stained with blood was also lying. Immediately, the incident was informed by P.W.4 Kaushilya to P.W.6 Aalha, before whom the appellant made extra judicial confession. Thereafter, when P.W.4 Kaushilya accompanied by Anita (P.W.5), daughter of Aalha, returned to her house, then she saw the appellant running away. Matter was reported to Police Station, Udaypur, where F.I.R. was lodged vide Ex.P.5 by P.W.4 Kaushilya. Merg intimation was also recorded by her vide Ex.P.6. Inquest proceedings were initiated vide Ex.P.11 and dead body was sent for post-mortem examination to Community Health Center, Udaypur, where Dr. Umashankar Singh (P.W.2) conducted post-mortem upon the dead body vide Ex.P.2 and opined that cause of death was Hypovolemic shock due to rupture of major vessels in neck and death was homicidal in nature. Spot map was prepared vide Ex.P.4. During the course of investigation, memorandum statement of the appellant was recorded vide Ex.P.14 and at her behest, iron Basula was seized vide Ex.P.15. Clothes of the deceased were seized vide Ex.P.1. Plain soil and blood stained soils were seized from the spot vide Ex.P.13. Seized articles were sent for chemical examination to F.S.L. vide Ex.P.17 and vide Ex.P.19 F.S.L. report was brought on record, according to which, blood was found on the article Basula, but it could not be ascertained as to whether the blood was human blood or not. Query report was also obtained from Dr. Umashankar Singh (P.W.2), who opined that the injuries found on the dead body could have been caused by this weapon, i.e., Basula.

(3.) Statements of the witnesses were recorded under Sec. 161 of Cr.P.C. After completion of investigation, the appellant was charge-sheeted before the jurisdictional criminal Court and the case was committed to the trial Court for hearing and disposal in accordance with law, in which appellant/accused abjured her guilt and entered into defence by stating that she has not committed the offence.