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2022 Supreme(Chh) 150

SANJAY K.AGRAWAL, RAJANI DUBEY
Gomti Sidar W/o Hemsagar Sidar – Appellant
Versus
State of Chhattisgarh Through Police Station Punjipathra, Distt. Raigarh (CG) – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr.Deepak Jain, Advocate
For the Respondent/State:Mr.Sunil Otwani, Additional Advocate General with Mr.Sudeep Verma, Dy.G.A. and Mr.Soumya Rai, P.L., Amicus Curiae:Mr.Anil Pillai, Advocate

JUDGMENT :

Sanjay K. Agrawal, J.

1. This criminal appeal preferred by the appellant/accused herein under Section 374(2) of the CrPC is directed against the judgment of conviction recorded for offence punishable under Section 302 of the IPC and sentence awarded for imprisonment for life and fine of Rs. 500/-, in default of payment of fine, to further undergo rigorous imprisonment for two months by the Second Additional Sessions Judge, Raigarh by the impugned judgment dated 11.09.2014 in Sessions Trial No.145/2010.

2. Case of the prosecution, in brief, is that on 9.3.2010 at 3 p.m. at village Gadgaon, P.S. Punjipathra, District Raigarh the appellant herein murdered her minor son namely Devam aged about 5 years by axe and thereby committed the offence. It is further case of the prosecution that Smt.Gomti Bai, appellant herein, was suffering from mental illness and for which she was being treated in mental hospital. She at the relevant point of time was suffering from unsoundness of mind. On 9.3.2010 she came to his father's place along with younger son Devam, aged about 5 years and her husband Hemsagar had gone to village Munud for collecting money due to him. Hemsagar was informed by hi

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