SOMARI BAI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is preferred under Section 374(2) of the Code of Criminal Procedure, 1973 against judgment dated 03.11.2012 passed by First Additional Sessions Judge, Bastar at Jagdalpur (C.G.) in Session Trial No. 16/2011, wherein the said court convicted all the four appellants for commission of offence under Sections 304 (Part-II)/34 & 341 of IPC, 1860 and sentenced to R.I. for 5 years and fine of Rs. 2000/- and R.I. for 6 months respectively each with further default stipulations.

(2.) As per case of the prosecution, the appellants and the deceased namely Narsu were resident of Village- Belar and were residing at Patelpara of the said village. On 27.09.2010 at about 7:30 p.m. deceased Narsu was coming from VillageBelar Degpara towards his home in a drunken condition. On the way to his house, he entered in the house of accused appellant No.1- Somari Bai, and hold her daughter Ku. Palo Bai- appellant No. 2 from back side with intend to outrage her modesty, thereafter, all the appellants assaulted him. The deceased was admitted to Maharani Hospital, Jagdalpur where he died during treatment. Matter was reported and investigated. The appellants were charge-sheeted and after completion of trial, the trial court convicted all the four respondents as mentioned above.

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