DHANIYA BAI Vs. STATE OF MP

JUDGEMENT

(1.) This appeal has been preferred under Section 374 of the Code of Criminal Procedure (for short "the Code") being aggrieved with the judgment dated 12/6/2009 passed by Additional Sessions Judge, Maihar, District Satna, in Sessions Trial No.260/08, whereby the appellant has been convicted for the offences punishable under Sections 302 and 201 of the Indian Penal Code (for short "the IPC") and respectively sentenced to life imprisonment and rigorous imprisonment of 3 years with corresponding fine stipulations.

(2.) Prosecution story, in brief, is that on 11/9/08 at about 5 p.m., appellant lodged a report at Police Station Amdara to the effect that she was staying with Bali Singh as his keep for the last 6 years, while his wife was residing at Mahgaon (Kamore). For the last two years, Bali Singh was suffering from Asthma and on Wednesday he had come from Maihar after taking medicines and a day before, i.e. on 10/9/08 at 11 a.m., Balisingh had died. Yesterday, she had gone at Jamunia to call Indar Singh son of Balsingh for lodging report, but as he did not come, she had come with her son-in-law Amar Singh to lodge the report. On the basis of said information, Morgue No.56/08 and First Information Report (Ex.P/3, for brevity "FIR") were registered and during investigation, it surfaced that on the date of incident, there had been an altercation between the appellant and Balisingh regarding her marital status and the relief money awarded to famine victims, on which she had pushed Balisingh, who while falling, had got his head dashed with the cot and resultantly started trembling and had become restless. Being enraged, the appellant had strangulated him to death and circulated the buzz that he had died of ailment.

(3.) Autopsy was conducted by Dr.Jitendra Singh (PW6). As per corresponding report (Ex.P/5), death could have been caused due to strangulation/throttling.