PRABHA BAI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 29.9.2011 passed by Sessions Judge, Jashpur in S.T.No.11/2011 convicting the accused/appellant under Section 302 of IPC and sentencing her to undergo imprisonment for life, to pay a fine of Rs.5000/- and in default thereof to undergo three months' additional R.I.

(2.) In the present case, name of the deceased is Suresh Kumar Sahu, husband of the accused/appellant. It is alleged that in the night intervening 8/9th July, 2010 the deceased slapped the appellant and in retaliation the accused/appellant gave some poisonous substance to the deceased in a glass of water saying that the same was being given to him for improving his health. After consuming the said water, the deceased felt uneasy and raised cries, on which his father (PW-2 Manglu Ram Sao), mother (PW-3 Smt. Sarita Bai), who were sleeping in the adjacent room rushed to the deceased and he informed the entire incident to them. The deceased made oral dying declaration before PW-2 and PW-3 whereas the appellant also made extrajudicial confession before the witnesses that she had given some medicine to her husband/deceased. The deceased was taken to hospital, however, on the way he expired. Merg intimation Ex.P/15 was recorded on 9.7.2010 by PW-2 Manglu Sahu. Inquest over the body of the deceased was performed vide Ex.P/10. Thereafter, the dead body was sent for postmortem which was conducted by PW-1 Dr. Anuranjan Kujur on 10.7.2010 vide Ex.P/1 and he noticed congestion of lungs, liver, spleen, kidney, larynx; blood in right chamber of the heart and opined that the cause of death was poisoning. Viscera of the deceased was also sent for FSL and as per FSL report Ex.P/14 poisonous substance - foret (organophosphorous) was found in the Articles A, B, C & D i.e. a glass of steel, a packet containing insecticide which was seized after disclosure statement of the appellant and viscera of the deceased. After completion of investigation charge sheet was filed against the appellant under Section 302 of IPC and accordingly charge was framed.

(3.) So as to hold the accused/appellant guilty, the prosecution examined as many as 10 witnesses. Statement of the accused was also recorded under Section 313 of Cr.P.C. in which she denied the circumstances appearing against her in the prosecution case, pleaded innocence and false implication.