VIMLA BAI Vs. STATE OF C.G.

JUDGEMENT

(1.) This appeal is directed against the judgment dated 6.4.2009 passed in Sessions Trial No.164 of 2008 by the Sessions Judge, Raipur convicting the accused/Appellant under Section 302 of the Indian Penal Code and sentencing her with imprisonment for life and fine of Rs. 1,000/- with default stipulation.

(2.) Case of the prosecution, in brief, is that Divya (deceased), aged about 6 years, was daughter of Laxmi Prasad. Laxmi Prasad is brother of Ashok (PW1), husband of the Appellant. On 19.8.2008, the Appellant, Rukhmani Bai (PW5) and the deceased were present at home. Ashok had gone to the house of his in-laws and rest of the family members had gone to the agricultural field. At about 2:30 p.m., some members of the family including Terasbai returned home. They did not find the deceased at home. On making search for her, her dead body was found in the well situated in the badi (fence) of the house. Morgue Intimation (Ex.P5) was lodged by Mohitram (PW7). Inquest (Ex.P2) was prepared. First Information Report (Ex.P8) was registered on 23.8.2008. Post mortem examination of the dead body was conducted by Dr. B. Kathotiya (PW6) and report thereof (Ex.P4) was prepared by him. He opined that the death was asphyxial due to drowning. It is alleged that Ashok (PW1) was having more affection with deceased Divya than other children, therefore, the Appellant caused her death by pushing her into the well. After investigation, a charge-sheet was filed against the Appellant for offence punishable under Section 302 of the Indian Penal Code. Charge was framed against her under Section 302 of the Indian Penal Code.

(3.) To rope in the Appellant, the prosecution examined as many as 11 witnesses. Statement of the Appellant was also recorded under Section 313 of the Code of Criminal Procedure in which she denied the guilt. No witness has been examined in her defence.