REETA BAKHLA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been filed against the judgment of conviction and order of sentence dated 10.12.2012 passed by the 1st Additional Sessions Judge, Manendragarh, District Koriya (C.G.) in Sessions Trial No. 23 of 2012, convicting the accused /appellant under Section 302 of the IPC and sentencing her to undergo imprisonment for life with fine of Rs. 500/- with default stipulation.

(2.) In the present case, name of the deceased is Jeetram, aged about 25 years. It is said that the appellant was having affair with the deceased and they were living as husband and wife in the Barrack of Home guard, situated near office of C.G.M. of SECL. The appellant pressurized the deceased to marry with her but he refused to marry. On the date of incident, i.e. on 10.01.2012, both the appellant and the deceased went for visit, where the deceased assaulted her with stick. After returning from visit, the deceased went for sleeping in the barrack. The appellant being annoyed with the act of the deceased assaulted the deceased on his head with a spade lying in the barrack, as a result of which head of the deceased got fractured. After the incident, the appellant was under fear and informed to Sundar Singh that the deceased is lying in injured condition. Thereafter, the deceased was admitted in hospital with the help of Sundar Singh and Dayaram Rajwade. During treatment, on 11.01.2012 at about 20 o'clock, deceased Jeetram died in the hospital. After the death of the deceased at the instance of Indarpal Baiga (PW-7), merg intimation (Ex.P-11) was recorded in Police Station Baikunthpur, District Koriya. Based on which, FIR (Ex.P-23) was lodged on 11.01.2012 under Section 302 of the IPC against unknown person. On 11.01.2012, inquest on the body of the deceased was conducted vide Ex.P-10 and the dead body was sent for postmortem examination to District Hospital Baikunthpur, where Dr. G. S. Paikara (PW-8) conducted postmortem on the body of the deceased and gave his report (Ex.P. 13) noticing the following injuries.

(3.) Memorandum of the appellant (Ex.P-4) was recorded on 12.01.2012, based on which one Spade, Kurta and Paijama of the appellant were seized vide Ex.P-6. However, as per FSL report no blood was found on spade. After filing of the charge sheet, the trial Judge framed the charge under Section 302 of IPC against the appellant.