JAINBATI @ DHANESHWARI Vs. STATE OF CHHATTISGARH AND ORS

JUDGEMENT

(1.) This appeal has been filed against the judgment of conviction and order of sentence dated 29.6.2011 passed by the Additional Sessions Judge, Dhamtari in S.T. No.4/11 convicting the accused/appellant under Section 302 of the Indian Penal Code (for short 'the IPC') and sentencing him to undergo R.I. for Life and fine of Rs.200/-, in default to undergo additional R.I. for 01 month.

(2.) Accused/Appellant is the wife of deceased Ramesh.

(3.) The prosecution story, in brief, is that the deceased used to suspect chastity of accused/appellant and does not allow her to move out of the house. On 16.10.2010 there has been quarrel between accused/appellant & deceased and in that process the accused/appellant committed murder of deceased by causing grievous injuries to him by stone & axe. Incident was witnessed by PW-7 Ganga, four years old daughter of accused and deceased. Merg Intimation (Ex.P-1) was lodged on 18.10.2010 by village Kotwar Bhagwantin Bai (PW-10). Inquest on the dead body was made vide Ex.P-5 on 18.10.2010. Body of deceased was sent for post-mortem which was conducted by Dr. S.N. Manjhi (PW-9) on 19.10.2010 vide Ex.P- 14 and he noticed following injuries;-