TIJAN BAI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 04.12.2012 passed by the Sessions Judge, Durg, Distt. Durg (Chhattisgarh) in Session Trial No.265/2011 wherein the said Court convicted the appellant under Section 302 of the Indian Penal Code and sentenced her to undergo imprisonment for life and to pay fine of Rs.200/-, in default of payment of fine, to further undergo simple imprisonment for two years.

(2.) In the present case, name of deceased is Firat Ram Gandharva. It is alleged that the deceased came to the house in an intoxicated state and assaulted his daughter Gouri Gandharva (PW-8). The appellant who was the wife of the deceased intervened in the matter and it is alleged that due to provocation, the appellant assaulted the deceased by a grinding stone on his head due to which the deceased fell down and succumbed to the injuries. The matter was reported to Police Station Bhilai Nagar. After completion of investigation, charge sheet was filed against the appellant. After examination of all the witnesses, statement of the accused/appellant was recorded under Section 313 of the CrPC. After completion of trial, the trial Court convicted and sentenced the appellant as aforementioned.

(3.) Learned counsel for the appellant submits as under: