GOMTI BAI Vs. STATE OF C G

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction & order of sentence dated 07.05.2002 passed by the Additional Sessions Judge, Manendragarh, District - Koriya in Sessions Trial No. 109/2001, whereby and whereunder the Court below, after holding the appellant guilty for causing homicidal death, amounting to murder, of Seema, four years aged daughter of second wife of her husband, convicted her under Section 302 IPC and sentenced to undergo imprisonment for life and to pay fine of Rs. 200/-, in default of payment of fine, additional R.I. for three months. Conviction is impugned on the ground that without there being any iota of evidence, the trial Court has convicted & sentenced the appellant as aforementioned and thereby committed an illegality.

(2.) As per case of prosecution, appellant was residing with her husband, Chotelal (PW-1) and deceased - Seema, daughter of Chotelal (PW-1) from other wife. Chotelal (PW-1) was not discharging his matrimonial obligation even being demanded by the appellant. She was suspecting that her husband was having illicit relation with her own daughter deceased - Seema. One day she noticed that her husband has committed intercourse with his own four years daughter deceased - Seema. On that day, she compelled him to commit intercourse with her, thereafter, when her husband went for his livelihood, she inquired from deceased - Seema about the commission of intercourse, thereafter, on the ground that deceased - Seema was between her and her husband and she is responsible for denial of matrimonial obligations by her husband with her, she killed her, locked the door and went to police station, Mahcndragarh alongwith one marriage agreement and key of the house and lodged FIR on 24.09.2000 at 10.30 a.m. vide Ex. P-17. Appellant also made disclosure statement of dead body of the deceased vide Ex.P-6 and produced marriage agreement and key of the house, which were seized vide Ex.P-8. Investigating Officer, Rajendra Kumar Mishra (PW-10), accompanied her upto her house with witnesses. House was locked and it was opened with the help of key seized from the appellant. Panchnama was prepared vide Ex.P-4. Spot map was prepared vide Ex. P-11. Lock was seized vide Ex.P-7. Dead body of deceased - Seema was found inside the room at the place indicated by the appellant. After summoning the witnesses, inquest over the dead body of the deceased was prepared vide Ex.P-5. She further made disclosure statement of bed sheet, Rajai and shawl vide Ex. P-10, same were recovered at the instance of the appellant vide Ex.P-9. Dead body was sent for autopsy to Government Hospital, Manendragarh vide Ex. P-1A. Dr. S.N. Gupta (PW-2) has conducted autopsy vide Ex. P-1 and found following symptoms and injuries:

(3.) Appellant was examined by Dr. (Smt.) Seema Chainpuria (PW-3) vide Ex. P-3 who did not notice any injury, but noticed white discharge on her private part. Two slides of vaginal smear were taken, sealed and handed over to the constable. Patwari prepared spot map vide Ex. P-12. Clothes of the deceased were seized vide Ex. P-16. Other clothes i.e. sari, blouse and stained petticoat were seized from the appellant vide Ex. P-19. Undergarment of Chotelal (PW-1) was vide Ex. P-20. Slides of sperm and pubic hair of husband of the appellant were seized vide Ex. P-15. Seized articles were sent for chemical examination to Forensic Science Laboratory (FSL) and as per report Ex. P-21 presence of spermatozoa has been confirmed on the petticoat of the appellant and slides of her husband.