SAVITRI BAI PAIKRA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been filed against the judgment of conviction and order of sentence dated 30.04.2007 passed by Additional Sessions Judge Bilaspur, in Sessions Trial No. 418/2005 convicting the accused/appellant under Section 302 IPC and sentencing her to undergo imprisonment for life and pay fine of Rs. 2,00/-, plus default stipulation.

(2.) Name of the deceased in the present case is Brajesh Singh. As per the case of the prosecution the deceased left his house on 19.06.2005 and as he did not return home till 21.06.2005, his brother Vinay Singh (P-1) started searching him. Having an idea of the illicit relations between the accused and the deceased, Vinay Singh went to her house and knocked the door but having not received any response from inside, he pushed open the door and made an entry inside, he saw the body of the deceased lying on the floor in the pool of blood with injury on head. On being asked as to what had happened, the accused/appellant told him to have committed the morder of the deceased and also asked him to go and call police. This extrajudicial confession was made by the deceased to Vinay Singh (PW-1) in presence of Pankaj Chaturvedi (PW-2). On 21.06.2005 FIR Ex. P-2 was lodged at 10.40 AM by PW-1 against the accused/appellant under Section 302 IPC followed by recording of merg intimation Ex. P-1. After inquest the dead-body was sent for postmortem examination which was conducted on 21.06.2005 itself by Dr. Ashutosh Tiwari (PW-8) who gave his report Ex. P-16. 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 10 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. This apart, four witnesses namely Dr. M.A. Jivani (DW-1), A.K.S. Chandel (DW-2), S.B. Singh Rana (DW-3) and Abhishek Painkra (DW-4) have also been examined by the defence.