SHRIMATI SUBHAG BAI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Appellant has been convicted for committing murder of her husband Ramsagar at about 3.00 PM on 13/9/2001.

(2.) The prosecution case emerging from Dehatinalishi and FIR is that in the evening of 13/9/2001 one Chandar, grand son of Jai Hirman Tirkey(PW-1) of village Murkol, informed Bodhan (PW-7) (father of the deceased) that Ramsagar has died. Bodhan lodged Dehatinalishi (Ex.P /3) at about 9.15 AM on 14/9/2001, to the effect that when after receiving information he went to village Goverdhanpur, he witnessed that the deceased has been murdered by causing head injury. Postmortem report has not been exhibited, however, the death was found to be homicidal, therefore, on the basis of the fact that the deceased and the appellant were alone in the house on 13/9/2001, when the deceased died out of the head injury in his own house where he was residing as Gharjamai, the prosecution filed charge sheet for committing offence under Sec. 302 of the IPC.

(3.) During the FSL examination, Blouse and Sari belonging to the appellant as well as blood stained soil, Axe and wearing apparels of the deceased were sent for chemical examination, wherein Sari, Axe and wearing apparels of the deceased were found to be blood stained vide (Ex.P/18), however, the origin of blood could not be determined as the blood stains had disintegrated.