GULABI BAI Vs. STATE OF C.G

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and order of sentence dated 2.4.2003 passed by the Fourth Additional Sessions Judge (F.T.C.), Raigarh in Sessions Trial No. 12/2003, whereby, the Appellant has been convicted Under Section 302 IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs. 100/-, in default of payment of fine to further undergo R.I. for 15 days.

(2.) APPELLANT-Gulabi Bai was the wife of deceased-Nandlal. She was a vegetable vendor and the deceased was a rickshaw puller. They were residing in a rented room belonging to one Sundermani Dehri (PW-1). On 22.10.2002 at about 10.00 p.m., Sundermani heard some noise from the room of the deceased. She went towards his room and saw that the APPELLANT was attacking on the head of the deceased with a slab of stone (Siloti), commonly used in the house for grinding condiments with a muller. Blood was oozing out from the skull of the deceased. Sundermani Dehri (PW-1) immediately returned back to her house and stated all this to her son Mashihcharan. Thereafter, many neighbors gathered there and asked the APPELLANT as to why she assaulted her husband? The APPELLANT replied that since he has kept an another wife, therefore, she assaulted him. Nandlal died in the hospital on the same day.

(3.) IN further investigation, after taking the Appellant into custody, her memorandum (Ex.-P/6) Under Section 27 of the Evidence Act was recorded, and blood stained stone slab was seized at the instance of the Appellant under Ex.-P/7. Blood stained soil and plain soil were seized from the place of occurrence under Ex.-P/8 and the saree of the Appellant was seized under Ex.-P/11. The seized articles were sent for their chemical examination to Forensic Science Laboratory, Raipur under Ex.-P/12 but the report from the laboratory could not be obtained.