TULSI BAI Vs. STATE OF CHHATTISGARH AND ORS

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 16.09.2010 passed by the Additional Sessions Judge (F.T.C.), Balod, District Durg in S.T.No.43/2009 convicting the accused/appellant under Section 302 IPC and sentencing her to undergo imprisonment for life and pay fine of Rs.200/- with default stipulation.

(2.) In the present case, name of the deceased is Budhwar Singh and the accused happens to be his first wife. It is alleged that on 11.11.2009 when the deceased along with his second wife Binda Bai was working in the field, the accused/appellant came there and threatened to kill him. In retaliation, the deceased assaulted her with lathi who with a view to save herself, threw a stone of about 1 kg at the deceased which hit his head as a result of which he fell down and blood started oozing. Thereafter, second wife of the deceased immediately took him to her house where he succumbed to the injuries sustained by him on 13.11.2009. At the instance of Chaituram (PW/1)- brother of the deceased, merg Ex.P/2 was recorded followed by FIR Ex.P/1 registered on 13.11.2009 against the accused/appellant under Section 302 IPC. Inquest over the body of the deceased was conducted vide Ex.P/6. Postmortem examination on the body of deceased was conducted on 14.11.2009 by PW-10 Dr. R. Ramteke who gave his report Ex.P/13 opining the cause of death to be head injury and death was homicidal in nature. After investigation, charge sheet was filed against the accused/appellant under Sections 302 IPC and charge was also framed accordingly.

(3.) So as to hold the accused/appellant guilty, the prosecution examined as many as 11 witnesses. Statement of the accused/appellant 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.