AMRIKA BAI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 19.05.2011 passed by the Additional Sessions Judge, Bemetara District Durg in S.T. No.58/2010 convicting the accused/appellant under Sections 302 of IPC and sentencing her to undergo imprisonment for life with fine of Rs.500/-, in default of payment of fine amount to further undergo R.I. for two months.

(2.) In the present case name of the deceased is Bahatara Sahu - father-in-law of the accused/appellant Amrika Bai. It is said that the deceased and the accused/appellant used to quarrel quite often and on the date of incident i.e. on 27.09.2010 also a quarrel took place between them and in that process the accused/appellant is said to have given two blows on the head of the deceased - aged about 80 years, by a wooden plank (used for plastering/plaining the wall) resulting in his instantaneous death. Merg intimation Ex.P/1 was lodged on 28.09.2010 at 10.30 am by Kashi Ram (PW/1) - husband of the accused/appellant, who at the relevant time was working in his field. Inquest on the body of deceased was prepared vide Ex.P/3 on 28.09.2010 and dead body was sent for postmortem examination to Govt. Hospital, Nandghat vide Ex.P/16 where Dr. Krishna Kumar Dehariya (PW/15) conducted the postmortem on the body of deceased and gave his report Ex.P/24 opining the cause of death to be hemorrhage due to head injury caused by hard and blunt object and the death was homicidal in nature. Dehati nalisi Ex.P/17 was recorded on 29.09.2010, and on the same day FIR Ex.P/18 was registered against the accused/appellant under Section 302 IPC. On 29.09.2010 itself memorandum of the accused/appellant Ex.P/8 was recorded, based on which, one wooden plank (used for plastering the wall) and one club was seized under Ex.P/9 and as per FSL report Ex.P/21 blood was found on both seized articles, however, there is no serological report. After investigation, charge sheet for the offence punishable under Section 302 IPC was filed against the accused/appellant and accordingly charge was framed against her by the trial Court.

(3.) So as to hold the accused/appellant guilty, the prosecution examined as many as 15 witnesses. Statements of the accused/appellant was also recorded under Section 313 of Cr.P.C. in which she denied the circumstances appearing against her in the prosecution case, pleaded innocence and false implication.