N.V.RAMANA, J - (1.)This appeal is directed against judgment dated 26.04.2010, passed by the Division Bench of the High Court of Chhattisgarh at Bilaspur in Criminal Appeal No. 604 of 1993, whereby the appeal preferred by the appellant was dismissed, and the judgment and order dated 11.06.1993 passed by the Additional Sessions Judge, Bilaspur, convicting the appellant was confirmed. The appellant was convicted under Section 302 read with Section 149; and Section 147 of rigorous imprisonment respectively.
(2.)The case of the prosecution in brief is that on the morning of 12.08.1989, the deceased, Kapil, was taking his cattle for grazing, at which time his cattle jumped on the door of the appellant 's house, which led to the appellant abusing the deceased. Thereafter, on his way back, the deceased questioned the appellant as to why she abused him earlier in the morning. At this, the appellant, on the pretext of touching the feet of the deceased, caught hold of him. Then, the other accused, armed with deadly weapons, came to the spot and beat the deceased to death. Pursuant to this an FIR was registered against the accused on 12.08.1989 and charge­sheet was filed.
(3.)Originally, 14 individuals were made accused in the present case and out of them 10 were convicted by the trial court. During the pendency of their appeal before the High Court, accused no.3 Jhangul died, abating his appeal, and accused nos. 1, 5, 6, 7 and 10 were released on special reprieve granted to them. With respect to the remaining dismissed by the High Court. The present appeal before us concerns only accused no. 13, Amrika Bai, who has sustained conviction as aforementioned.