ANITA @ RANU DEWANGAN Vs. STATE OF C.G.

JUDGEMENT

(1.) Since both the appeals arise out of the same judgment of conviction and order of sentence, therefore, they are heard together and are being decided by a common order.

(2.) The present appeals are directed against the judgment of conviction and order of sentence dtd. 10/2/2020 passed by the learned 2nd Upper Session Judge, Rajnandgaon (C.G.) in Session Trial No.31/2018, whereby the appellants have been convicted and sentenced in the following manner:-

(3.) The prosecution case, in brief, is that on 17/3/2018, the appellant Anita Dewangan lodged a report before the concerned police station stating that her grandmother (Nani) Mahetarin Bai has gone somewhere without informing and is missing, upon which a case was registered. During investigation, it was found that there was love affair between the appellant Anita and appellant Virendra Banjare, which had come into the knowledge of the deceased Mahetarin Bai and she did not like their relationship. On 14/3/2018, the appellant Virendra went to the home of the appellant Anita at 1:30 pm when the deceased was not at home. At 3:30 pm, when the deceased reached the home, she found them in an objectionable condition and scolded them, upon which the appellants got outraged and assaulted her by a bamboo stick (danda) on her head, as a result of which she received grievous injuries on her head and the blood was oozing from her head and the same also spilled in the room, thereafter the appellants buried her near north side of the house beneath the tree and got burnt and thereafter covered soil on the same. During investigation, the dead body was unearthed and recovered from the spot and the dead body was identified as deceased Mahetarin by her daughter Rukhmani Bai and thereafter panchnama was prepared and the dead body was examined. Based on the memorandum of the accused, clothes, stick and other evidence were collected and seized. The appellants were arrested and after investigation, the charge sheet was filed before the Court concerned.