SARASWATI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 25.5.2011 passed by the 5th Additional Sessions Judge, Bilaspur in S.T. No.136/2010 convicting the accused/appellant under Sections 302/34 & 201/34 of the Indian Penal Code (for short 'the IPC') and sentencing her to undergo R.I. for Life and fine of Rs.200/- & R.I. for 3 years and fine of Rs.200/- respectively, with usual default clauses.

(2.) As per case of the prosecution, present accused/appellant with the help of co-accused Deepak Kumar (since deceased) and two juvenile namely Amit Das & Harish Chandravanshi @ Bunty committed murder of her husband Dwarika Das by throttling. Further case of the prosecution is that after committing murder of the deceased, Merg Intimation (Ex.P-7) was lodged by accused/appellant on 15.5.2010 alleging therein that in the intervening night 14th & 15th May, 2010 the deceased came in drunken condition and had a quarrel with the appellant. She offered food to him but he threw the same and slept in the verandah. After some time Radha Devi (PW-1) came to her and informed that deceased is not talking and is unconscious. Thereafter, with the help of neighbourers the deceased was taken to the Community Health Centre, Kota where he was declared brought dead by the doctor. The Investigating Officer after summoning the witnesses, prepared inquest over the body of the deceased and thereafter sent the dead body for post mortem examination to the Community Health Centre, Kota where Dr. S.K. Jaiswal (PW-7) conducted post-mortem vide Ex.P-13 and noticed multiple abrasions on various parts of the body. According to the doctor, cause of death may be due to compression of neck (asphyxia) causing respiratory failure and shock, however, he has opined that final opinion can be given only after FSL examination report. After receipt of post-mortem report, FIR (Ex.P-14) under Section 302 of IPC was registered against unknown persons and thereafter an enquiry was conducted. During the course of enquiry, statements of Radha Devi (PW- 1), Anjali & Deepak were recorded on 20.5.2010 and all of them have deposed that it is the accused/appellant who with the help of other accused persons had killed the deceased.

(3.) On completion of investigation, charge sheet for the offence punishable under Sections 302, 201, 34 of the IPC was filed against the accused persons and accordingly the charges were framed against them. The prosecution in order to bring home the charges levelled against the accused persons had examined eleven witnesses in all. Statements of the accused persons were recorded under Section 313 of Cr.P.C. in which they abjured their guilt and pleaded innocence & false implication.