NANDABAI Vs. STATE OF M.P.

JUDGEMENT

(1.) The appellant has filed the present appeal being aggrieved by the judgment dated 26th March 2010 passed by the 12th Additional Sessions Judge, Indore in Sessions Trial No.1216/2009; whereby she has been convicted under Section 302 of IPC and sentenced to undergo life imprisonment with fine of Rs.1,000/-.

(2.) Facts of the case, in short, are as under:- On 24.08.2009, near about 10.30 p.m., Manju Yadav (P.W.-1) a resident of Vill.Seonikheda, was sleeping in his house along with other family members. The present appellant came there and told that in the house her husband Mantu @ Mangilal is lying in a pool of blood. He along with his daughter Ramkanya and appellant rushed there and saw that deceased Mantu lying on the floor bleeding from the injuries on his face. He had already died. P.W.-1 immediately gave information to his brother Vijay, Subhash and Shravan on mobile. Police reached the spot upon information given by Manju (P.W.-1) . According to Manju, the appellant used to quarrel with her husband and he heard the voice of quarrel at 8.30 p.m. and the appellant herself told him that she was fed up with the deceased and killed him by an axe. The Police completed the recorded the statement of witnesses under Section 161 of Cr.P.C. and completed the usual investigation.The Final Report was filed before the Magistrate on 07.10.2009. The trial was committed to the Sessions Court; where the appellant abjured the guilt and pleaded for trial. According to the appellant, three unknown persons assaulted her husband and thrown in front of her house, thereafter she dragged him inside the house and called Manju (P.W.-1) i.e. elder brother of the deceased . In order to prove the sole charge against the appellant, the prosecution examined Manju as P.W.-1, the daughter of the appellant and deceased Ranjeeta (aged about 8 years) as (P.W.-2), Dr. Bharat Prakash, Medical Officer (P.W.-3), Mayabai (P.W.-4), Dheeraj (seizure witness) (P.W.-5), Kamal Singh, A.S.I. (P.W.-6), Sunil Kumar Uikey, Sub-Inspector-cum-Investigating Officer (P.W.-7) and Kailash Chandra, Head Constable (P.W.-8). In defence the appellant did not examine any witness

(3.) After appreciating the evidence came on record the learned Additional Sessions Judge vide judgment dated 26.03.2010 has convicted the appellant under Section 302 of IPC and sentenced to undergo life imprisonment with a fine of Rs. 1000.00. Hence, this appeal before this Court.