MADHU DEVI MISHRA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgement of conviction and order of sentence dated 28.07.2005 passed by the Third Additional Sessions Judge (FTC) Janjgir, Session Division, Janjgir (C.G.), in Sessions Trial No. 132 of 2005, convicting the accused/appellant under Sections 302 and 201 of the IPC and sentencing him to undergo imprisonment for life and to pay fine of Rs. 500/-; rigorous imprisonment for three years and to pay fine of Rs. 500/- with default stipulation.

(2.) Name of the deceased is Nirmala Devi. The deceased was married to one Raghuraj of village Shivrinarayn. After the death of Raghuraj, the deceased was living with the accused/appellant in her house at Sukulpara, Kharoud.

(3.) As per the prosecution case, It is alleged that after the death of her husband the deceased left her parental house with some ornaments and cash of Rs. 50,000/- and she was living with her son in the house of the accused/appellant. The appellant always locked the deceased in the house and she was not permitted to go anywhere. The appellant was torturing the deceased and tried to get money which was in the possession of the deceased. Son of the deceased left the house of the appellant and started living with his grandmother. The deceased was found dead in the house of the accused/appellant. It is alleged that the appellant went to her relative's house at village Bhainsmudi and returned on 09.12.2004. As per prosecution, the appellant committed murder of the deceased thereafter she left for village Bhainsmudi. The door of the house was opened by villagers Radhabai and Sangita where they found that the deceased was dead. Thereafter, one Chamelibai lodged the First Inforamtion Report (Ex.P-21) at Police Station Shivrinarayan and Panchanama (Ex.P-14) was prepared and postmortem was conducted. At the time of investigation certain documents and ornaments were seized from the house of the appellant; statements of the witnesses were recorded under Section 161 of the Cr.P.C.