KUNJAMI BHEEME Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant by this appeal challenges her conviction under Section 302, I. P. C. and sentence of imprisonment for life which has been awarded to her by First Additional Sessions Judge, Bastar, at Jagdalpur in Sessions Trial No. 133 of 1980.

(2.) DECEASED Kunjami Chetu was the husband of the appellant. The prosecution case was that in the night of 30. 8. 1979 at about 10. 00 to 11. 00 P. M. deceased who was drunk had beat his wife i. e. the appellant. It is alleged that the deceased even earlier had been beating the appellant. The appellant, being fed up with all that treatment, on that night inflicted two blows by some lathi, which, resulted in his death. Next morning, the appellant informed deceased's brother Kunjami Baman (P. W. 1 ). A Panchayat was held in which the appellant was also summoned. It is said that in that Panchayat, the appellant had stated that, her husband in a drunken state used to beat her everyday and so she while her husband was asleep assaulted him.

(3.) IT was on 1. 9. 1979 that a report Ex. P. 1 was lodged by Kunjami Baman (P. W. 1) in the Police Station. Oyami Joga (P. W. 2) had also accompanied Kunjami Baman (P. W. 1) to the Police Station and had interpreted Kunjami Baman's report in Hindi. That report was recorded by Head Constable Chandra Bhan Mishra (P. W. 8 ). Head Constable Bhagwan Singh (P. W. 5) had gone to the spot. After holding the inquest the dead body of Kunjami Chetu was sent for post-mortem examination. A Dhoti and wooden Khotla were seized vide memorandums Ex. P. 5 and Ex. P. 6 respectively.