PIYAJO Vs. STATE

JUDGEMENT

(1.) MST. Piyajo, aged 17 years, has been convicted under Section 302 of the Indian penal Code for the murder of her husband Nanka on 23rd September 1955 at village Raghunathpur and sentenced to imprisonment for life thereunder by the additional Sessions Judge, Ambikapur.

(2.) THE accused Piyajo and her husband Nanka (deceased) lived in village raghunathpur with Nanka's brother Bhudhau (P. W. 1) and their mother Mangli. Mahadeo (P. W. 2), who is the elder brother of Nanka, lives in the same village but separate from them. They belong to Korba Adiwasi tribe. The males and females of this tribe are addicted to take liquor. On 23rd September, 1955, the accused and her husband went to the liquor shop in the village which is situated outside the basti. Late in the night the accused alone returned to the village. Next morning, the two brothers of Nanka went in search of him and found his dead body lying in the mud in his field in which paddy crop was standing. He had injuries on his neck and head.

(3.) ON receiving the first information report from Mahadeo (P. W. 2), Sub-Inspector laxman singh (P. W. 19) went to the field and held the inquest. The dead body was sent for post-mortem examination. A silver ring (Article A) was found in the field at a distance of about 30 to 40 paces from the spot where the dead body of nanka was lying. The dhoti (Article C) belonging to the deceased was seized from the house of the father of the accused in village Silsilia.