Sumitra Bai v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRA No. 40 of 2014 Sumitra Bai W/o Rengsu Korwa, Aged about 45 years, R/o. Village Orkela, Chowki- Sonkyari, P.S.- Sanna, District- Jashpur ---- Appellant

Versus

State of Chhattisgarh Through: Police Station Sanna, Civil & Revenue Distt. Jashpur (C.G.) ---- Respondent For Appellant :

Mr. S.K. Gupta, Advocate For Respondent :

Mr. Rajkumar Jaiswal, Panel Lawyer Hon'ble Shri Justice Arvind Singh Chandel Judgment on Board 24/02/2018 1.

The Appellant has been convicted under Section 304 Part-I of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 7 years and to pay fine of Rs. 100/- with default stipulation. 2.

A certificate of incarceration sent by the Jail Superintendent, Central Jail, Ambikapur dated 15/02/2018 would mention that the Appellant has undergone the entire jail sentence imposed upon him by the Trial Court and already released on 15/12/2016.

3.

I have heard Learned Counsel for the parties and perused the record to assess the correctness of the impugned judgment of conviction. 4.

The Appellant has allegedly committed culpable homicide not

amounting to murder of deceased- Panaram. The case of the prosecution is based on circumstantial evidence, particularly, extrajudicial confession of the accused/appellant made before Munnuram (PW1), Damrudhar (PW6) and Sudarshan Yadav (PW16). All the above witnesses have duly supported the above fact and categorically stated that the accused/appellant had admitted that she assaulted Panaram with Tangiya. On the basis of memorandum of accused/appellant, one Tangiya and half paint sustained with bloods were also seized.

5.

Considering the material available on record, I do not find any merit in this appeal.

6.

Consequently, the appeal deserves to be and is hereby dismissed. Sd/- Judge Arvind Singh Chandel Rahul