GENDAUA Vs. STATE OF MP

JUDGEMENT

(1.) Appellant has filed this appeal against the judgment dated 25th May, 2007 passed by learned Sessions Judge, Sidhi in Sessions Trial No. 115/ 2006, convicting her under Sections 302 and 201 of the Indian Penal Code and sentencing her to imprisonment for life with fine of Rs. 5000/- and rigorous imprisonment for three years on each count, respectively.

(2.) In short, facts of the prosecution case are that appellant Gendaua was married to Jagannath. After 'Gauna', she visited her husband's house 2-3 times. Subsequently, she stopped going to his house, and generally lived at her parent's house. Despite efforts, since she did not go to live with Jagannath, he kept Durgawati, daughter of Baijnath Prajapati, as his second wife. Durgawati was though married to some other person, but her husband had deserted her. After some time, when Durgawati started living with Jagannath, appellant also went to the house of Jagannath, and started living with him. Durgawati and Gendaua lived in separate rooms of the house of Jagannath. It is alleged that in the morning of 22.5.2006, Durgawati went to forest taking a 'Dholi' (a big basket of bamboo strips) for plucking 'tendu leaves'. After some time, appellant also went to forest for plucking leaves. At about 10.30 a.m., appellant came back weeping to her house and informed Jagannath that Durgawati, who had climbed over the tree for plucking leaves had fallen down and died and that her body was lying under the tree. Jagannath informed the incident to his brother Motilal Prajapati and along with him and appellant went to forest and found Durgawati lying dead. There were injuries on her head, forehead and nose. Motilal Prajapati (PW2) went to police station, Kusmi and informed the police about the incident whereupon Head Constable Ram Singh (PW8) registered a marg report Ex. P/2.

(3.) Dy. S.P. N.N.Jharia (PW11) on the same day reached the spot and prepared inquest memorandum Ex. P/5. He seized blood stained and plain earth, broken pieces of bangles and slippers from the spot vide seizure memo Ex. 5-A. Dead body of Durgawati was sent for postmortem examination to Community Health Centre, Kusmi. Dr. Avinash John (PW5) with the assistance of Dr. Raj Bahadur Singh conducted postmortem examination of the dead body of Durgawati on 23.5.2006. He found crush injuries on her forehead, nose and on the back side of scalp and gave postmortem report Ex. P/9.