2024:CGHC:47472-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Digitally signed GOURI by GOURI MUDALIAR M DaU teD :A 2L 0I 2A 4R .12.09 CRA No. 800 of 2024

10:54:24 +0530 Smt. Munni Bai W/o Late Kishun Ram Aged About 35 Years R/o Village Gaybuda O.P. Pandrapath, P.S. Bagicha, District Jashpur (C.G.)

Appellant versus State Of Chhattisgarh Through P.S. Bagicha, District Jashpur, Chhattisgarh ... Respondent For appellant : Shri R.K. Jain, Advocate.

For : Shri S.S. Baghel, Deputy Government Respondent/State Advocate.

Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Amitendra Kishore Prasad, Judge Judgement on Board Per Amitendra Kishore Prasad, Judge

03/12/2024

1. This criminal appeal preferred by the appellant under Section

374(2) of Cr.P.C. is against the impugned judgment dated

21/02/2024, passed by the learned Sessions Judge, Jashpur, District Jashpur in Sessions Case No.69/2021, by which, the appellant herein has been convicted for the offence under Section 302 of Indian Penal Code and sentenced to undergo life imprisonment and fine of Rs.100/-, in default of payment of fine, to undergo 2 month simple imprisonment.

2. The prosecution case, in brief, is that the complainant Nanki Bai (PW-3) lodged a report at Bagicha Police Station alleging that she resided with her mother-in-law and father-in-law at village Gaybuda, where she managed the household chores and assisted in agricultural activities. She reported that her mother- in-law, Munni Bai appellant herein, had been missing for 2-3 days. Further the case of the prosecution is that on 25/11/2020, the complainant’s mother-in-law, Munni Bai appellant herein, returned home in the evening and asked the complainant about the whereabouts of her husband Kishun Ram and complainant told that he had gone out for roaming, thereafter, appellant Munni Bai stated that she was going out in search of liquor. At about 8:00 pm, Munni Bai appellant returned home and informed the complainant that she had hit her husband, Kishun Ram, by striking him on the head with an iron pipe at the residence of one Surmi. Upon hearing this, the complainant and her husband, Chaitan Ram went to Surmi's house, where they found Kishun Ram sitting with a head injury, bleeding profusely. He was subsequently admitted to Bagicha Hospital, where he succumbed to his injuries, thereby the offence has been committed. Nanki Bai (PW-3) reported the matter to the police, pursuant to which, Merg Intimation was registered vide Ex.P-1, FIR was registered vide Ex.P-3, inquest was conducted and dead body of deceased Kishun Ram was subjected to post-mortem, which was conducted by Dr. C.R. Bhagat (PW-8), who proved the post-mortem report vide Ex.P-13, in which, cause of death was stated to be due to cardio respiratory arrest due to head injury and death was homicidal in nature. Pursuant to the memorandum statement of the appellant (Ex.P-7), iron pipe was seized vide Ex.P-8, which was sent for chemical examination to FSL along-with other seized articles and as per the FSL report, human blood was found on the seized iron pipe. After due investigation, appellant was charge-sheeted for the aforesaid offence under Section 302 of I.P.C. before the jurisdictional criminal court, which was ultimately committed to the Court of Sessions for hearing and disposal in accordance with law, in which, the appellant abjured his guilt and entered into defence stating that she has not committed any offence and she has been falsely implicated in the case.

3. In order to bring home the offence, the prosecution examined as many as 15 witnesses and exhibited 25 documents and the appellant-accused in support of her defence has not examined any witness but has exhibited the document Ex.D-1.

4. The trial Court, after appreciation of oral and documentary evidence on record, convicted the appellant herein for the offence under Section 302 of Indian Penal Code and sentenced her to undergo life imprisonment against which the present appeal has been preferred.

5. Sh