NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRIMINAL APPEAL NO. 333 OF 2016 • Smt. Suganti Bai, W/o Ratu Ram, aged about 23 years, Caste - Korwa, R/o Dem Dipa, Ghagra, Chowki Sonkyari, Police Station-Sanna, Distt. Jashpur (C.G.)

... Appellant(s)

Versus • State of Chhattisgarh, through: the In-charge, Police Chowki - Sonkyari, Police Station- Sanna, District Jashpur (C.G.)

... Respondent(s)

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For Appellant :- Mr. J.K. Saxena, Advocate.

For Respondent/State :- Mr. Ashish Tiwari, Govt.

Advocate.

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Division Bench Hon'ble Shri Justice Sanjay K. Agrawal Hon'ble Shri Justice Sanjay S. Agrawal Judgment on Board (08.11.2023)

Sanjay K. Agrawal, J.

1. This criminal appeal preferred by the appellant herein, under Section 374(2) of CrPC, is directed against the judgment of conviction and order of sentence dated 2.2.2016 passed by Sessions Judge, Jashpur, in Sessions Case No.65/2015, by which the appellant has been convicted and sentenced in the following manner:-

2. Case of the prosecution, in short, is that on 31.3.2015 at about 3:00 p.m. at Village Demdipa Ghagra under Police Station Sanna, District Jashpur, the appellant herein identified and accused Somaru Ram of playing witchcraft/black magic and on that ground she tortured him physically and mentally and further, with an intention to kill him, she assaulted him with axe (tangi) by which he suffered grievous injuries and died;

thereby committed the aforesaid offences.

3. Further case of prosecution is that on the date of offence i.e., on 31.3.2015, the appellant, who was residing near the house of Somaru Ram (now deceased), accusing him of playing witchcraft/black magic on account of which she is said to have lost her three daughters, assaulted him with axe by which he suffered grievous injuries and died on the spot. The said incident was witnessed by PW-4 Budhram and PW-12 Bifni Bai, son and daughter of deceased Somaru Ram respectively.

4. The matter was reported to police by PW-4 Budhram on which FIR (Exhibit P-4) was registered against the appellant for the aforesaid offences. Merg was registered vide Exhibit P-5. Inquest proceeding was conducted vide Exhibit P-8 and the dead body of deceased Somaru Ram was subjected to post-mortem which was conducted Dr. P. Kerketta (PW-1) who has proved postmortem report (Exhibit P-1). Pursuant to memorandum statement (Exhibit P-10) of the appellant, a bloodstained axe was recovered at her behest vide Seizure Memo (Exhibit P-12), amongst other articles that were seized. Vide FSL report (Exhibit P-23), blood was found on axe (Article ‘C’) recovered at the behest of the appellant and on the clothes (Articles ‘E’ & ‘F’) belonged to deceased Somaru Ram. Statements of witnesses were recorded under Section 161 of CrPC. Appellant was apprehended vide Arrest Memo (Exhibit P-15).

5. After completion of investigation, the appellant was charge-sheeted for the offences punishable under Sections 4 & 5 of the Chhattisgarh Tonhi Pratadna Nivaran Adhiniyam and Section 302 of the Indian Penal Code before the concerned jurisdictional Criminal Court from where the case was committed to the Court of Sessions and after committal, the matter was received by the Sessions Court, Jashpur for trial and its disposal in accordance with law, in which the appellant abjured her guilt, pleaded innocence