SHARDA Vs. STATE OF C.G.

JUDGEMENT

(1.) This Criminal Appeal preferred by the accused/appellant under Sec. 374(2) of the CrPC is directed against the impugned judgment of conviction and sentence dtd. 17/9/2014 passed by the Additional Judge to the Court of Additional Sessions Judge, Ramanujganj, District Surguja (Ambikapur) in Sessions Case No.206/2013, whereby, the appellant has been convicted and sentenced as under:-

(2.) The deceased Shivnath was the son of the appellant, who was aged about 5 years at the relevant time. Prosecution case is that on 28/3/2013 at about 4 pm the appellant has assaulted her son and caused his murder and also tried to commit suicide. Thereafter, Mahesh Ram (PW-1), who is grandfather of the deceased, has lodged an FIR (Ex.P-1) on 28/3/2013 to the effect that on the said date at about 4 pm his wife CB Bai (PW-2), grandmother of the deceased, came to home crying while carrying deceased Shivnath in her lap and told him that the appellant has killed Shivnath by using knife and also tried to commit suicide by assaulting herself with knife. Subsequently, Merg intimation (Ex.-P/1) was lodged by Mahesh Ram (PW-1).

(3.) By the Property Seizure memo vide Ex.P/4 one t-shirt was seized which was proved by Mahesh Ram (PW-1) and from the spot blood stained soil was seized vide Ex.P/5. Memorandum statement of the accused was recorded vide Ex.P/9 and one blood stained knife was recovered from her possession. Inquest report was prepared vide Ex.-P/12. The dead body of the deceased was sent for postmortem examination which was conducted by Dr. Josef Lakara (PW-6) who gave his report vide Ex.-P/16 opining that cause of death was shock due to excessive hemorrhage rupture of upper part of left lung fracture of left clavicle and first rib and nature of death is homicidal in nature. The same doctor (PW-6) has also examined the deceased and gave MLC report (Ex.P-17) in which injury was found in the abdomen of the appellant.