BHUNESHWARI BAI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 06.12.2007 passed by the II Additional Sessions Judge, Durg, District Durg, in S.T. No.129/2007 convicting the accused/appellant under Sections 302 and 201 IPC and sentencing her to undergo imprisonment for life with fine of Rs.500/- for each section, plus default stipulations.

(2.) In the present case, name of the deceased is Karan Kashyap. Prosecution case is that mother of the deceased namely Yamini Bai (PW/2) used to throw garbage near appellant's house. It is alleged that five days prior to date of incident i.e. on 10.03.2007 there was some dispute between the appellant and said Yamini Bai (PW/2) on account of throwing of garbage. Further case of the prosecution is that out of anger, on 15.03.2007 at about 5.00 pm the accused/appellant took the deceased Karan Kashyap, aged four years, inside her house and committed his murder by causing several injuries on his face by brick. After killing the deceased, she threw body of deceased in an open place near the house of Domanlal Deshmukh. When the deceased went missing on 15.03.2007, he was extensively searched and on the next morning i.e. on 16.03.2007 at about 6.30 am his body was found by one Lekhram Deshmukh, who in turn, informed about the same to Miluram (PW/1) - village Kotwar and grandfather of the deceased, at whose instance merg intimation (Ex.P/1) was recorded on 16.03.2007 at 8.30 am. On same day at about 02.45 pm dehati nalisi (Ex.P/17) was registered followed by F.I.R. (Ex.P/16) under Sections 302 and 201 of IPC against the unknown person. Inquest on the body of deceased was prepared vide Ex.P/5 and body was sent for postmortem to Govt. Hospital, Gunderdehi vide Ex.P/20. Postmortem examination on the body of deceased was conducted on 16.03.2007 by Dr. Harikant Singh (PW/11) who gave his report Ex.P/15 opining the cause of death to be asphyxia due to smothering and overlaying and death was homicidal in nature. On 17.03.2007 memorandum (Ex.P/8) of the accused/appellant was recorded, based on which, a brick was seized from her house, however, there is no F.SL. report on record that any blood was found on the said brick. On completion of investigation, charge sheet for the offence punishable under Sections 302 and 201 of IPC was filed against the accused/appellant and accordingly the charge was framed against her by the trial Court.

(3.) So as to hold the accused/appellant guilty, the prosecution examined as many as 15 witnesses. Statement of the accused/appellant was also recorded under Section 313 of Cr.P.C. in which she denied the circumstances appearing against her in the prosecution case, pleaded innocence and false implication.