DOKESWARI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been filed against the judgment of conviction and order of sentence dated 21.11.2002 passed by the 6 th Additional Sessions Judge, Durg (C.G.), in Sessions Trial No.52/2002 convicting the accused/appellant under Sections 302, 307 and 309 IPC and sentencing her to undergo imprisonment for life, R.I. for seven years and R.I. for six months respectively.

(2.) In the present case, name of deceased is Ku. Pooja, aged about 6 years, daughter of accused/appellant Dokeswari and Sanad Kumar (PW/4). It is alleged that Sanad Kumar (PW/4) - father of deceased used to suspect chastity of the accused/appellant and out of anger, on 29.06.2001 at about 11.00 am, the accused/appellant gave some poisonous substance (Organo Phosphorous) to her daughter deceased Ku. Pooja, son Kuleshwar (PW/15) and Ku. Jyoti, aged about 6 years. After giving poison to her three children, appellant herself consumed said insecticides and became unconscious. Krishnalal (PW/1) - father-in-law of the accused/appellant when returned from his field, saw the appellant and her three children lying unconscious. On 29.06.2001 at 2.30 pm, he lodged merg intimation Ex.P/11 followed by FIR Ex.P/1 against the accused/appellant under Sections 307, 302 and 309 IPC. Inquest on the body of deceased was prepared on 30.06.2001 and the dead-body was sent for postmortem examination which was conducted by Dr. R.N. Pandey (PW/14) who vide report Ex.P/19 opined the mode of death to be asphyxia, however, cause of death could not be determined. Accused/appellant was also medically examined by Dr. A.K. Sahu (PW/17) vide Ex.P/22 whereas her son Kuleshwar Prasad and another daughter Ku. Jyoti were medically examined vide Ex.P/20 and P/21 respectively. After investigation the charge-sheet was filed and the trial Court framed the charge against the accused/appellant under Sections 302, 307 and 309 IPC.

(3.) In order to prove complicity of the accused/appellant in the crime in question, the prosecution has examined 17 witnesses. Statement of the accused under Section 313 Cr.P.C. was also recorded in which she denied her guilt and pleaded innocence and false implication in the case.