NIRMALA DEVI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The appellants have preferred the present appeal against the judgment of conviction and order of sentence dated 28.09.2011 delivered by the learned 4th Additional Sessions Judge, Durg in Session Trial No. 178 of 2010, whereby appellant-1 Nirmala Devi has been convicted for the offence punishable under Section 302/34 of the IPC and sentenced to undergo life imprisonment and to pay fine of Rs.3,000/- with default stipulation. By the said judgment, appellant- 2 Gudwa @ Basant @ Guddu has been convicted for the offences punishable under Sections 302 and 354 of the IPC and sentenced to undergo life imprisonment and to pay fine of Rs.3,000/- with default stipulation and RI for two years respectively.

(2.) Case of the prosecution, in brief, is that on 27.05.2010, Ku.Puja (PW-3) had been to Sulabh Sauchalay at about 6 pm evening. She heard the cry of her sister Khubu @ Khushbu (PW-1) and saw that appellant-2 was outraging her modesty. She tried to intervene, on which appellant- 2 threatened to kill and also assaulted them with fists and legs . Both the sisters went to their residence and narrated the incident to mother- Laxmi (PW-4) and father- Shyamu (deceased). Later on, at about 7 pm on the same day, appellants-1 and 2 came in front of the house of the prosecutrix (PW-1) and assaulted deceased Shyamu, Ku.Puja (PW-3), Khushbu @ Khubu (PW-1) and Laxmi (PW-4). Ku. Puja lodged FIR (Ex.P/4) at PS Chhawni, District Durg at 7.30 pm on the same day. Offences under Sections 307, 354, 506 read with Section 34 of the IPC were registered against the appellants. Injured witness Laxmi (PW-4) was examined by Dr.Meeta Dey (PW-7) vide Ex.P/15 and simple injuries were found on her body. The doctor also examined Ku.Puja vide Ex.P/16 and Khushbu @ Khubu vide Ex.P/17 and found simple injuries on their body. Other injured persons Kulsum (PW-6), Kanti, appellant- Nirmala Devi and Baby were examined vide Ex.P/18, Ex.P/19, Ex.P/20 and Ex.P/21 respectively, by the same doctor. Deceased Shyamu was taken to the hospital who was declared brought dead. CRA 983 of 2011

(3.) On the information received from the hospital, Morgue intimation was registered vide Ex.P/36 at Police Station Chhawani, district Durg. Inquest over dead body of the deceased has been conducted vide Ex.P/3. Dead body of the deceased was sent for autopsy to the District Hospital, Durg vide Ex.P/25. Dr Akhilesh Yadav (PW-13) conducted autopsy on the dead body of the deceased vide Ex.P/27. He opined that the deceased died due to shock and haemorrhage due to ante-mortem injuries to heart/lungs/intestines and death was homicidal in nature.