SUKHANTIN BAI GOND Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The appeal is posted for consideration on prayer for urgent hearing. However, considering the facts and circumstances of the case and with the consent of learned counsel for the parties, we have proceeded to decide the matter finally.

(2.) Appellant would call in question her conviction under Section 302 of IPC and sentence of life imprisonment rendered by the learned Additional Sessions Judge, Dhamtari vide the impugned judgment dated 29.02.2016 in Sessions Trial No.02/2016.

(3.) The prosecution case, as emerging from the FIR (Ex-P-2) lodged by PW-2 Santoshi at about 14:00 hours on 07.11.2015, is that the appellant has left her husband and married one Suraj Netam, a tribal. The appellant has three daughters out of her first marriage. Those three daughters are the sisters-in-laws (Nanad) of the informant Santoshi. Ku. Rambai, the eldest of the three sisters-in- laws of the informant, was engaged and the ceremony on that count was performed in the night of 06.11.2015. On being aware that her eldest daughter has been engaged without her knowledge and consent, the appellant reached the house of the deceased and started raising quarrel, on which the deceased stated to her that since she has married a tribal and no longer belongs to their caste, he thought it proper to get her eldest daughter married, because the daughter belongs to their family. Hearing this, the appellant started assaulting the deceased by means of a wooden stick. The deceased became unconscious and later on succumbed to injuries.