Per Amitendra Kishore Prasad, J.

1. Since both the above-captioned appeals arise out of the common judgment dated 24.12.2019 passed by the First Additional Sessions Judge, Rajnandgaon in Sessions Trial No.17/2019, they are being heard together and disposed of by this common judgment.

2. Criminal Appeal No.62 of 2020 has been preferred by the appellant- Jageshwari Bai Atrame under Section 374(2) of the Code of Criminal Procedure, 1973 calling in question the legality and correctness of the judgment of conviction and order of sentence dated 24.12.2019, whereby she has been convicted and sentenced as under:-(Both the sentences were directed to run concurrently)

3. Acquittal Appeal No.104 of 2021 has been filed by the State against the same judgment whereby respondents, namely, Ramadhar Purame, Suraj Kumar Purame, Kushal Usare and Chandan Singh Patel have been acquitted of the offences punishable under Sections 302/34 and 201 of IPC.

4. Since no one appeared on behalf of the accused/appellant in Criminal Appeal No. 62 of 2020, Ms. Nirupama Bajpai, learned counsel on the panel of the High Court Legal Services Committee, was requested to assist the Court and argue the matter on behalf of the appellant. She kindly consented and advanced arguments on behalf of the appellant- Jageshwari Bai Atrame.

5. The High Court Legal Services Committee is directed to issue a formal order of appointment in her favour, and she shall be entitled to the prescribed fee in accordance with the rules.

6. Case of the prosecution, in brief, is that deceased- Chavlesh Churendra was residing in village Rengakathera under Police Station Mohla, District Rajnandgaon. It is alleged that the deceased was having a love affair with the present appellant- Jageshwari Bai Atrame. According to the prosecution, the villagers were aware of the said relationship and a meeting was convened in the village wherein both of them were advised to stay separately and not to continue their relationship. On 17.11.2018, Kamta Prasad (PW-7) along with village Kotwarin Malti Devi (PW-6) and others went to Police Station Mohla and informed that the dead body of deceased- Chavlesh Churendra was lying inside the house of appellant- Jageshwari Bai Atrame. On the basis of the said information, merg intimation was recorded vide Ex.P-15, inquest proceedings were conducted vide Ex.P-2 and the dead body of the deceased was sent for post-mortem examination. The post-mortem examination was conducted by Dr. Devesh Thakur (PW-20), who opined that the cause of death was asphyxia due to strangulation and the death of deceased was homicidal in nature. On the basis of the post- mortem report (Ex.P-43), FIR (Ex.P-32) was registered for the offence under Section 302 of IPC. During investigation, it was alleged that on interrogation, the appellant- Jageshwari Bai Atrame disclosed that on the night of 16.11.2018, she and the deceased had gone to the house of her relative acquitted co-accused- Ramadhar Purame at village Khadgaon. According to the prosecution, the deceased attempted to establish physical relations with her, which resulted in a quarrel and in the heat of the moment, she strangulated the deceased with her hands. It was further alleged that after the death of the deceased, the other acquitted co-accused persons assisted in transporting the dead body to the house of the appellant and attempted to conceal the evidence.

7. During the course of investigation, memorandum statement of the appellant was recorded vide Ex.P-4 and certain articles belonging to the deceased such as spectacles, cap, cloth and mobile phone were allegedly seized from her possession vide Exs.P-5 & P-6. The motorcycle of the deceased bearing registration number CG-08-AF-7899 and a pair of slippers were also seized from near the house of the appellant vide Ex.P-16.

8. After due investigation, accused persons were charge-sheeted before the jurisdictional criminal Court