SUMITRA BAI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the impugned judgment and order dated 16.10.2014 passed by the Additional Sessions Judge, Pratappur, District Surajpur (C.G.) in Sessions Trial No. 1/2013, convicting the appellant under Section 302 of the Indian Penal Code (hereinafter referred to as the 'IPC') and sentencing her to undergo rigorous imprisonment for life and pay a fine of Rs. 500/- and in default of payment to further undergo additional rigorous imprisonment for one month.

(2.) In the present case, the name of the deceased is Mangal Sai, father of the accused/appellant. As per prosecution case, some religious function was going on at village- Kevra which was attended by the deceased who also brought the appellant along with him. It is said that the appellant was having some mental problem and for her treatment the deceased had come to village-Kevra. On 21.02013, the appellant gave a blow of spade on the head of her father and upon hearing the cries, Tilsai-PW-3 rushed to the room and saw the deceased lying in injured condition and at that point of time, the accused/appellant was cutting his (deceased) leg. From the hands of the appellant, spade was taken and then at the instance of Mahipal-PW-1 in whose house the incident had taken place, merg intimation (Ex.-P/1) was recorded on 21.02013 at 8:45 PM. Immediately thereafter FIR (Ex.-P/2) was registered against the appellant under Section 302 IPC. Inquest on the dead body of the deceased was conducted vide Ex.-P/4 on 202013. From the spot one spade was seized vide Ex.-P/7, however there is no FSL report. The body was sent for postmortem which was conducted on the same day by Dr. A.K. Vishwakarma- PW-7 vide Ex.-P/1 As per the Autopsy Surgeon following injuries were found on the body of the deceased:-

(3.) After investigation, the charge-sheet was filed against the accused/appellant under Section 302 IPC and while framing the charge, the trial Judge framed the charge against the accused/appellant under Section 302 IPC.