LAWS(MPH)-2008-2-131

MAYA Vs. STATE OF M P

Decided On February 05, 2008
MAYA Appellant
V/S
STATE OF M P Respondents

JUDGEMENT

(1.) APPELLANT Smt. Maya @ Kusum has been convicted under section 302 of the Indian Penal Code and sentenced to imprisonment for life by the impugned judgment dated 28.8.1998 passed in Sessions Trial No. 223 of 1997 by the Sessions Judge, Satna.

(2.) ACCORDING to the prosecution case, appellant was married to one Baijnath, a neighbour of Sudama Prasad (PW 5). In the year 1994 appellant developed illicit relations with Sudama Prasad, due to which Baijnath turned her out of his house. Sudama, who was already married to Keshkali (deceased) brought and kept appellant in his house as second wife. This caused frequent skirmishes between the two women. In the night of 19.7.1997 Sudama and his father Dhuriya (PW 3) were asleep in the outside veranda of their house, whereas, Keshkali and appellant were asleep inside the house on separate cots. At about 12:30 O'clock Sudama heard an outcry of appellant that she had killed Keshkali. Dhuriya pushed open the door and alongwith Sudama went inside the room. There he saw Keshkali lying dead on her cot. She had three cut injuries on her neck and lot of blood was lying on the floor. Nobody else was inside the room except the appellant and deceased. It is alleged that appellant often used to threaten Keshkali that she would cut her into pieces. Report of the incident (Ex. P -7) was lodged by Sudama Prasad on the same day at 2:30 a.m. at Police Station Rampur Baghelan. Police registered the case under section 302 of the Indian Penal Code against appellant.

(3.) THERE being no direct evidence, the case of prosecution rested on circumstantial evidence. Prosecution, in order to substantiate its case examined Dr. Dhirendra Singh (PW 1), Kaushal Prasad (PW 2), Dhuriya (PW 3), Muniya (PW 4), Sudama Prasad (PW 5) and S.K. Shukla, Sub - Inspector (PW 6). Relying mainly on the evidence of witnesses Dhuriya, Muniya and Sudama about appellant's being last seen together with the deceased and medical evidence of Dr. Dhirendra Singh (PW 1), trial Court convicted and sentenced her on the charge of murder.