SMT. PIDHI BAI Vs. STATE OF M.P.

JUDGEMENT

(1.) The appellant, who is wife of the deceased Leelu, has preferred this appeal against judgment dated 17.02.2017 passed in Sessions Trial No.105/2016 by Additional Sessions Judge, Jobat, District Alirajpur; whereby the learned Trial Court has convicted the appellant under Section 302 of IPC for causing death of her husband Leelu and awarded life imprisonment with fine of Rs.10,000/- and in default of payment of fine to further undergo rigorous imprisonment of six months.

(2.) The facts in brief are that on 17th June, 2017 Vijay son of deceased Leelu (PW-1) has lodged a report in Police Station Jobat that his mother and father had gone to Jobat for shopping in the morning and had come back at about 4.30 to 5.00 in the evening. He was making bricks with his wife near to his house. His father brought snacks and gave it to distribute amongst the children. He was distributing the snacks (Sev-Parmal). His parents went inside the house. There was a brawl between them. Hearing noise he with his wife entered into the house and saw that his mother was having an arrow in her hand and she inflicted that arrow in the chest of his father. As she pulled back the arrow, its head remained in the chest of the deceased Leelu and wooden stick remained in her hand. She threw it on the floor. The deceased pulled out head of the arrow from the chest which is resulted in profuse bleeding. He tried to go outside the house but fell down and died on the spot. Police registered merg No.45/2016 under Section 174 of Cr.P.C. thereafter registered Crime No.188/2016 under Section 302 of IPC. The FIR is Ex.P/1. During investigation Police seized plain and blood stained soil, head of arrow and its stick and also blood stained peticot on the disclosure of the appellant from a room of their house. After completing other formal investigation the Police filed charge-sheet.

(3.) The appellant was charged, tried and convicted as stated in Para-1 above.