- (1.)APPELLANT Shantabai has preferred this appeal against the judgment dated 22. 4. 1999 passed by the Additional Sessions Judge, Indore in Sessions Trial No. 12/1999, thereby convicting the appellant for the offence punishable Under Section 302 of the Indian Penal Code and sentencing her to imprisonment for life and fine of Rs. 3,000/ -. In default of payment of fine, she was directed to suffer R. I. for two years.
(2.)FACTS of the prosecution case as unfolded before the Trial Court were that on 22. 9. 1998 at about 3. 30 p. m. , Chowkidar Bajesingh (P. W. 5) was sitting at the temple of village Pir Piplaya. At that juncture, Vikramsingh (P. W. 4) came there and informed that Laxmibai w/o Jagdish had fallen in the septic tank of her latrine. Bajesingh thereupon went to the house of Jagdish and found the dead body of Laxmibai floating in the septic tank. With the help of Chhitarsingh (P. W. 3) and one Rupsingh, the dead body of Laxmibai was taken out of the septic tank. Bajesingh informed the matter to Police Station Betma, where Merg No. 40/98 was registered. The matter was investigated by the S. D. O. P. Shri Rajoria and recorded the statements of the witnesses and sent the dead body for post-mortem examination. The post-mortem examination Report is Ex. P/10. From the statements of the witnesses it revealed that the mother-in-law (the appellant) of Laxmibai was in the habit of misbehaving with Laxmibai and on the date of incident, the appellant, after some quarrel, pushed Laxmibai into the septic tank. Spot was inspected and map Ex. P/l was prepared. A case Under Section 302, I. P. C. was registered. After usual investigation the appellant was charge-sheeted.
(3.)AFTER trial, finding the appellant guilty of the offence, the learned Trial Court convicted and sentenced as stated hereinabove.