MEGHAI BAI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dtd. 18/8/2006 passed by Additional Sessions Judge, Korba, in ST No.03/2006 convicting the appellant under Sec. 302 of IPC and sentencing her to undergo imprisonment for life and pay a fine of Rs.1000.00 with default stipulation.

(2.) In the present case, name of the deceased is Pannalal, with whom the appellant Smt. Meghai Bai was having illicit relation about three years prior to the date of incident i.e. 19/9/2005. As per prosecution case on 19/9/2005 at about 7 pm the deceased had gone to the house of the appellant and started quarrelling with her minor daughter Ku. Sushila and thereafter, the accused/appellant reached there and she too had a quarrel with the deceased. Further case of the prosecution is that during the said quarrel, the accused/appellant caused injury to the deceased by axe whereas Sushila caused him injury by a club, as a result of which the deceased died. Unnumbered merg intimation Ex.P/6 was recorded on 20/9/2005 at 7.35 pm. Thereafter, unnumbered FIR (Ex.P/7) was registered at 7.40 pm and then numbered FIR (Ex.P/7A) was registered on 21/9/2005 at the instance of PW-3 Makhan Lal under Sec. 302 of IPC against the appellant. Numbered merg (Ex.P/22) was also recorded on 21/9/2005. Inquest (Ex.P/4) was conducted on the body of the deceased on 21/9/2005 and thereafter, the dead body was sent for postmortem, which was conducted on the same day by PW-8 Dr. P.S. Kanwar vide Ex.P/13. The autopsy surgeon noticed two abrasions and two contusions on the body of the deceased and also noticed hair line fracture on left parietal region of the skull. In his opinion, the cause of death was shock due to head injury. After investigation, charge sheet was filed against the appellant under Sec. 302 of IPC whereas Ku. Sushila being minor was tried by Juvenile Justice Board. The trial Court framed charge under Sec. 302 of IPC against the appellant.

(3.) So as to hold the accused/appellant guilty, the prosecution examined 12 witnesses in all. Statement of the accused was also recorded under Sec. 313 of Cr.P.C. in which she denied the circumstances appearing against her in the prosecution case, pleaded innocence and false implication.