REENA GUPTA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been filed against the judgment of conviction and order of sentence dated 07.10.2010 passed by Additional Sessions Judge (FTC) Pratappur, District Sarguja, in Sessions Trial No. 06/2010 convicting the accused/appellant under Section 302 IPC and sentencing her to undergo imprisonment for life and pay fine of Rs. 1,000/-, plus default stipulation.

(2.) According to the case of the prosecution, on 13.09.2009 there was some family dispute between the accused/appellant herein and the deceased Kamla Devi - her mother-in-law, and for that it is said that the accused/appellant pushed the deceased into the well as a result of which she died. Information about the death of the deceased was given to her son Om Prakash Gupta (PW-4) at whose instance merg intimation Ex. P-3 was recorded on 14.09.2009 at 7 AM. After inquest vide Ex. P-5, body of the deceased was sent for postmortem examination which was conducted by Dr. J. Ekka (PW- 9) who gave his report Ex. P-8. A written report dated 11.10.2009 Ex. P-6 was made to the police by Laxmi Gupta (PW-6) - the brother of the deceased stating therein that as was informed to him by Sampat Bai (PW-2), the accused/appellant used to quarrel with the deceased and that on 13.09.2009 she had pushed her into the well which ultimately resulted in her death. Written report also says that the incident was witnessed by Savita (PW-1). Based on this written report and the inquiry conducted by the police FIR Ex. P-9 was registered against the accused/appellant on 18.10.2009 for the offence punishable under Section 302 IPC. After investigation, charge-sheet was filed by the police under Section 302 IPC followed by framing of charge by the Court below accordingly.

(3.) In order to prove the complicity of the accused/appellant in the crime in question, the prosecution has examined 11 witnesses. Statement of the accused/appellant under Section 313 Cr.P.C. was also recorded in which she denied her guilt and pleaded innocence and false implication in the case.