GIRJABAI Vs. STATE OF MADHYA PRADESH NOW CHHATTISGARH

JUDGEMENT

(1.) By this appeal under Section 374(2) of the Cr. P.C. accused Girjabai has questioned legality, correctness of the judgment of conviction and order of sentence dated 2.5.2002 passed by 2nd Additional Sessions Judge, Baloda Bazar, District Raipur, in S.T. No. 57/2000 whereby learned Additional Sessions Judge after holding the accused/appellant guilty for commission of offence under Section 302 of the IPC, for committing murder of her daughter-in-law namely, Nisha Bai, sentenced her to undergo imprisonment for life & to pay a fine of Rs. 1,000/-, in default of payment of fine to further undergo S.I. for 6 months.

(2.) Prosecution case, in brief, is that on 17.12.1999 Rooplal Sahu gave Dehati Nalishi Ex.-P/2 to Station House Officer, Police Station Kasdol to the effect that he is resident of village Sarkhor. Today he and Kotwar Chamradas were going to Hawaldar, who came in the village in connection with investigation. At that time, they, they heard the word "Jai Santoshi Maa" from behind, when they turned their faces back side, they saw Girjabai of village Manipur, there were blood spots on her face, she was saying 'I have committed "Kand" (an untoward incident)', she is going to the police, on which, they enquired from her as to what has happened, she replied that she has committed murder of her daughter-in-law by attacking her with axe and hammer. Kotwar further enquired as to why she has committed murder, on which Girjabai replied that her daughter-in-law was a witchcraft. Kotwar asked him that he is taking care of Girjabai, you find out the veracity of what she has stated. He left for Manipur on bicycle. He went to the house of Girjabai along with Rameshwar, Bahadur, Bisahu, Rajaram, Kaleshwar, Dharam and Kansram, there they saw a girl was standing outside the house of Girjabai. On enquiring about the presence of her father, she replied that her father has gone to the agricultural field, there is nobody inside the house. When he enquired from her about the presence of her mother she replied that her mother has gone towards Sarkhor, thereafter, they went towards the courtyard of the house and saw that there was blood on the floor of Varandah, daughter-in-law of Girjabai was lying dead in the said Varandah, there were injuries on her head, one hammer, axe and one club of Babool stained with blood were lying on the ground. On further enquiry, daughter of Girjabai informed that her mother has committed the murder, thereafter, he returned and informed Kotwar.

(3.) Receiving this Dehati Nalishi (Ex.-P/ 2) Station House Officer, Police Station, Kasdol registered FIR under Ex.-P/2-A for commission of the offence under Section 302 of the IPC. He left for the scene of occurrence and prepared the site plan Ex.-P/4. Clothes of accused Girjabai stained with blood were seized under Ex.-P/5. Axe, hammer and one club of Babool tree were seized under Ex.-P/6. After giving notice Ex.-P/7 to the Panchas, inquest (Ex.-P/8) on the body of Nisha Bai was prepared. The body of Nisha Bai was sent for post-mortem examination to the Community Health Centre, Kasdol under Ex.-P/16, Dr. Yogesh Kumar Sharma conducted post-mortem on the body of Nisha Bai prepared post-mortem report Ex.-P/22 in which he opined that cause of death was due to head injury and death was homicidal in nature. He also noticed 5 lacerated wounds, 4 incised wounds and one contusion on the head and face of deceased Nisha Bai. He further opined that injuries No. 1, 2, 9 and 10 were caused by sharp cutting object and remaining injuries were caused by hard and blunt object. Mastoid bone and left side of mandible were fractured.