HEERAMANI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Invoking jurisdiction of this Court under Sec. 374(2) of the CrPC, the sole appellant herein has preferred this criminal appeal calling in question legality, validity and correctness of the judgment of conviction and order of sentence dtd. 29/11/2016 passed by the Additional Sessions Judge, Pratappur, District Surajpur, Chhattisgarh in Sessions Trial No.20/2016 by which she has been convicted for offence under Sec. 302 of the IPC and sentenced to undergo imprisonment for life and to pay fine of ?1,000/-; in default of payment of fine additional rigorous imprisonment for 1 year.

(2.) Case of the prosecution, in nutshell, is that on 12/7/2016 at about 3:00 am, at village Manpur, Police Station Pratappur, District Surajpur, Chhaattisgarh, in furtherance of their common intention appellant herein along with Sanjay Paikara (now acquitted) assaulted her husband Rambhagat (now deceased) by sharp edged weapon by which he (deceased) suffered grievous injuries and died, pursuant to which Sukhlal (PW-1), father of the deceased, reported the matter to the police. It is further case of the prosecution that the marriage of the appellant and Rambhagat was solemnized in the month of April, 2016 and on the date of offence i.e. 12/7/2016, at about 9:30 pm, after having dinner, they (appellant and the deceased) were sleeping in separate room by closing the door from inside and in the late night, Dhankunwar (PW-13), mother of the deceased, had informed Sukhlal (PW-1) that appellant had informed her that Rambhagat was lying unconscious, then he (PW-1), Dhankunwar (PW-13), Shyam Bhagat (PW-2), brother of the deceased, and the appellant herein went inside the room and found that light was not illuminating and Rambhagat was found dead in naked condition and blood had spread on the bed sheet. Merg and FIR were registered vide Exs. P/1 and P/2, respectively. Nazari naksha was prepared vide Ex.P/13. Crime details form was prepared vide Ex.P/3. Inquest proceedings (Ex.P/5) were conducted and the dead body of the deceased was sent for postmortem. As per postmortem report (Ex.P/19), proved by Dr. A.K. Vishwakarma (PW-14) cause of death was hemorrhagic shock and homicidal in nature. Pursuant to memorandum statement of Sanjay Paikara (acquitted) (Ex.P/6), axe has been seized vide Ex.P/7. Clothes of the appellant herein were seized vide Ex.P/11. Seized articles were sent for chemical analysis to FSL and in FSL report (Ex.P/27) on articles A (axe), D1, D2, E1, E2 and E3 (clothes of the appellant herein) stains of blood was found.

(3.) After due investigation, appellant herein was charge-sheeted for the aforesaid offence and the case was committed to the Court of Sessions for trial in accordance with law. The appellant / accused abjured her guilt and entered into defence.