ANITA SASANE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal has been preferred by the accused/appellant under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.') against the judgment dated 31/07/2013 passed by the learned Sessions Judge, Raipur (C.G.) in Sessions Trial No. 75/2012, whereby the appellant has been convicted for having committed an offence punishable under Section 302 of the Indian Penal Code (hereinafter referred to as 'IPC') and sentenced to undergo imprisonment for life with fine of Rs. 2000/-, in default of payment of fine amount, she has to undergo additional imprisonment for two months.

(2.) In the present case, it is not disputed that the appellant Anita Sasane is the wife of deceased Bala Saheb Sasane.

(3.) Briefly stated, the case of the prosecution is that in the intervening night of 29- 30/03/2011, wife of the deceased, namely, Anita Sasane with the help of her brother-in-law, i.e. Arjun Sasane has given the blow of Sickle (Hasiya) on the head of her husband Bala Saheb Sasane with an intention to kill him, as a result of which, he expired instantaneously. It is alleged further that the deceased Bala Saheb Sasane had come from his village Singori along with his cousin Arjun Sasane and wife, the present appellant, to the village Ugetara and started living in a rented premises for the purposes of construction of their new house. They called their relative Amol Mohide also in order to help them and, during the course of construction work, an illicit relationship between the wife of the deceased and said Amol Mohide had developed and the deceased- Bala Saheb Sasane came to know about the said fact, which led to commission of alleged crime in question on the said fateful day.