SMT. KALPANA PANDEY Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) These two appeals are being disposed of by a common judgment since they both arise out of one FIR and one judgment passed by the learned trial Court.

(2.) Vide impugned judgment dated 03.03.2003, passed by learned 4 th Additional Sessions Judge (FTC) Raigarh, in Sessions Trial No. 107 of 1995, the learned trial Court convicted Smt. Kalpana Pandey, Appellant in Criminal Appeal No. 308 of 2003, under Section 302 IPC for having committed murder of her husband-Sunil Pandey and also under Section 201 read with Section 34 IPC. She was sentenced to undergo life imprisonment for the offence punishable under Section 302 IPC and to pay fine of Rs. 500/- and in default of payment of fine, to further undergo rigorous imprisonment for one month. For the offence under Section 201 read with Section 34 IPC, she was sentenced to rigorous imprisionment for three years and to pay fine of Rs. 500/- and in default of payment of fine, to further undergo rigorus imprisonment for one month. By the same impugned judgment, the learned trial Court acquitted the other accused- Anil Kumar Pandey, brother of deceased Sunil Pandey.

(3.) The undisputed facts are that the Appellant-Smt. Kalpana Pandey was married to Sunil Pandey. Anil Kumar Pandey is the brother of Sunil Pandey. They were first residing in one house together, but after sometime, deceased Sunil Pandey and his wife Smt. Kalpana Pandey shifted to another rental house in the same locality in Raigarh. It is not disputed that Appellant-Kalpana Pandey was married to deceased Sunil Pandey on 01.05.1992. Appellant-Kalpana Pandey was working as Assistant Professor in Raigarh College. Deceased-Sunil Pandey was an alcoholic and according to the prosecution, this was the reason why the relations between the husband and wife were strained.