SHANTI BAI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal appeal is arising out of the judgment of conviction and order of sentence dated 28/07/2009 passed by 1st Additional Sessions Judge, Hoshangabad in Sessions Trial No.266/2008 by which the appellant has been convicted under Section 302 of IPC for committing the murder of her brother-in- law-Ramesh and sentenced to life imprisonment with fine of Rs.1,000/-, in default of payment of fine, further RI for one month.

(2.) It is not in dispute that deceased -Ramesh is brother-in-law (Jaith) of appellant-Shanti Bai. Smt. Chandrakali Bai (PW-1), wife of deceased-Ramesh is sister-in-law (Jaithani) of the appellant-Shanti Bai.

(3.) As per prosecution story, there was a previous enmity between deceased-Ramesh and appellant-Shanti Bai due to partition of their agriculture land. On the date of incident i.e. 28/09/2008 at about 6.00 p.m. Chandrakali Bai (PW-1), wife of deceased-Ramesh, was standing on the courtyard of her house and her infant child was crying for which her husband-Ramesh scolded her and left towards road side. Appellant Shanti Bai thought that due to previous enmity Ramesh is abusing her and due to aforesaid reason she came armed with axe and assaulted the deceased on his head. In between her daughter Sandhya Bai (acquitted accused No.2) armed with stick (Danda) and inflicted injury to him. The deceased fell down and sustained injuries on his head. He was taken to Hospital, Babai for treatment but was declared brought dead. The incident was seen by Ku.Sunita Bai (PW-3), daughter of the deceased and his son Sunil (not examined). Thereafter Smt. Chandrakali Bai (PW-1) rushed to agriculture field and narrated the incident to her brother-in-law Rakesh (PW2). Thereafter Chandrakali Bai (PW-1) came along with Rakesh (PW-2) and gave information to Police on which Marg Intimation (Ex.D/1) was recorded. FIR was registered and during investigation statement of witnesses were recorded, investigation was started, post-mortem of deceased-Ramesh was conducted by Dr. Shobhana Choukse (PW-12). Ex.P/16 is post-mortem report. As per post-mortem report, the cause of death of deceased-Ramesh is due to Haemorrhage, shock and injuries to the head. After investigation, challan was filed before the Judicial Magistrate First Class who committed the matter to the Court of Session where the trial was commenced. The appellant abjured his guilt and pleaded for trial.