GULAB SAHI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Appellant Gulab Sahu and Smt. Mithilesh Sahu stand convicted under Section 302 read with Section 34 of the IPC with sentences of imprisonment for life and fine of Rs. 1,000 vide impugned judgment dated 2.5.2003, passed by the Additional Sessions Judge, Bemetara, District Durg in Sessions Trial No. 318/ 2002.

(2.) Appellants Gulab Sahu and Smt. Mithilesh Sahu have been found guilty of causing those injuries on Smt. Mungabai on 2.6.2002 which resulted in her death on 30.8.2002.

(3.) The prosecution case as disclosed by deceased Mungabai in her dying declaration (Ex P 14) is that appellant No. 2 Smt. Mithilesh Sahu, daughter-in-law of deceased Mungabai and wife of PW3 Rohit Kumar developed illicit relationship with appellant No. 1 Gulab Sahu which was deprecated by deceased Mungabai time and again. In this background, the appellants on 2.8.2002 when deceased Mungabai was busy in worshipping caught hold of her and appellant Gulab Sahu tried to press her neck. Deceased Mungabai resisted and tried to save herself. In the process her head struck with the wooden plank of the cot which was lying there, as a result whereof she sustained injury on her head region which ultimately proved fatal.