RATH BAI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 10.08.1999 passed by the Additional Sessions Judge, Baloda Bazar District Raipu (C.G.) in Sessions Trial No. 145/1991, wherein the trial Court convicted the accused/appellant under Sections 304 Part II IPC and sentenced her to undergo R.I. for 5 year and to pay fine of Rs. 1000 with default stipulations.

(2.) Case of the prosecution in brief is that on 01.07.1990 at about 3.00 AM, merg intimation (Ex-P-23) was registered by the applicant itself in Police Station. Soon after the FIR (Ex-P-22) was registered against her, alleging that the applicant was sowing seeds in her field, where Baldu Gond- the deceased came, uttered abuses and dragged out the appellant from the field which turned into a scuffle in between them. The appellant holding spade in her right hand struck on the head of the deceased till he became unconscious. Thereafter, the appellant informed the incident to her husband who in turn informed the same to the village Kotwar and others. On the basis of merg given by the accused/appellant herself, FIR Ex.P-22 was registered against her for the offence punishable under Section 302 IPC. After completion of investigation charge sheet was filed for the said offence followed by framing of charge accordingly.

(3.) In order to prove its case the prosecution has examined 20 witnesses in support of its case. Statements of the accused was recorded under Section 313 of the Code of Criminal Procedure in which she denied her guilt and pleaded innocence and false implication in the case.