JUDGMENT :

RAMESH SINHA, J.

1. This criminal appeal preferred under Section 374(2) of the Cr.P.C. is directed against the impugned judgment of conviction and order of sentence dated 21.12.2021 passed by the learned Additional Sessions Judge (FTC), South Bastar Dantewada (C.G.) in Session Trial No. 90 of 2017 by which the appellant has been convicted for offence under Sections 302 of the Indian Penal Code (IPC) and sentenced to undergo rigorous imprisonment for life.

2. Case of the prosecution, in brief, is that on 08.07.2016 complainant Choppi Hemla (PW-1) lodged a complaint in the Police State alleging that on 07.07.2016 in the night at about 11.00 p.m. his mother-in-law namely, Aayati Kursa @ Ursa, who lives beside his house, came to his house and asked for torch saying that some incident has been happened with his father-in-law, then the complainant also followed the accused/appellant and reached her house and saw that his father-in-law was lying down on the floor. The accused/appellant informed him that she was consuming liquor with the deceased and there was some quarrel occurred between them, then she pressed the neck of the deceased due to which he died. On the basis of complaint of Choppi Hemla (PW-1), the Police of Police Station Gangalur, District Bijapur has registered the First Information Report (Ex.P/12). Investigation Officer left for scene of occurrence and after summoning the witnesses vide Ex.P/2, inquest over the dead body of deceased was prepared vide Ex.P/3. During investigation, Spot map was prepared vide Ex.P/9. His memorandum statement was recorded vide Ex.P/1.

3. Dead body of the deceased was sent for postmortem to the Community Health Centre, Gangalur, District Bijapur (C.G.). Dr. Shailendra Kumar (PW-7) conducted postmortem vide Ex.P-10 and found following injuries:

(i) Nail marks were found in three to seven places on the right side, four to eight places on the left side, the size and shape of which were different.

(ii) The size of the nail mark was 1 x 1.5 x 1.2 x 1.3 cm on the right and ½ x ¼ x 1/3 x ¼ cm on the left.

(iii) Neck bone fracture.

(iv) On the left side of the head there was a scratch and swelling, the size of the scratch was 1 x 2 x ½.

(v) On internal examination, a fracture was found in the trachea. No other injuries were found in the internal organs.

He opined that cause of death was Asphyxia caused by throttling and death was homicidal in nature.

4. Statements of the witnesses were recorded under Section 161 of the Cr.P.C. After investigation, it was found that Sonu Kursa died on account of Asphyxia caused by throttling by the accused/appellant Aayati Kursa @ Ursa. The accused was arrested for offence under Section 302 of the IPC and arrest/court surrender memo was prepared vide Ex.P/15. Thereafter, charge-sheet was filed before the Additional Sessions Judge (FTC), South Bastar Dantewada (C.G.) for hearing and disposal in accordance with law.

5. The accused/appellant abjured the guilt and entered into witness. In order to bring home the offence, the prosecution examined as many as 09 witnesses and exhibited 15 documents. The defence has neither examined any witness nor has exhibited any document.

6. The trial Court upon appreciation of oral and documentary evidence on record and considering that it is the appellant who has committed the murder of her husband, convicted and sentenced her under Section 302 of the IPC, against which the instant appeal under Section 374(2) of the Cr.P.C. has been preferred.

7. We have heard learned counsel for the parties and considered their rival submissions made herein-above and also went through the original records of the trial Court with utmost circumspection and carefully as well.

8. Ms. Bulbul Agrawal, learned counsel for the appellant vehemently argued that although conviction of the appellant is substantially based on the evidence of Choppi Hemla (PW-1), who is son-in-law of the deceased and accused/appellant, but his evidence does not inspire confidence an