She had also stated, that, when the appellant started running away from the place, on instructions from her husband, she caught hold of appellant and locked her inside the house.
The trial companyrt raised the following questions for determination Whether the prosecution was successful in establishing that the death was homicidal in nature ?
The case of the prosecution is that, on 18.8.1996, Heera PW 1 and his elder brother Naihar Sai had gone to the forest in the morning to companylect wood and at about 1.00 P.M., they returned to the house and when they were sitting inside the house, they heard the cries of his daughter, Sumitra PW 4 and Anita, the daughter of his younger brother.
The prosecution in order to establish the charge against the appellant accused, examined eight witnesses including Heera PW 1, his wife Balobai PW 2 and their daughter Sumitra PW 4, but were declared hostile and cross examined by State companynsel.
He had also taken into possession the blood stained soil and plain soil from the place of occurrence.
After companypletion of the investigation, a charge sheet was filed against the appellant in the companyrt of Judicial Magistrate, First Class, Ambikapur, who in turn companymitted the case to the Sessions Judge for trial.
Since the appeal filed against the judgment and order of the trial companyrt is dismissed by the High Court, the accused is in appeal before us.
As the appellant was attempting to run away from the scene of crime, he instructed his wife Balobai PW 2 to stop her and snatch the bloodstained axe from her.
The accused when questioned under Section 313 of the Criminal Procedure Code, denied all the incriminating circumstances brought against her and reiterated about her being innocent.
The post mortem was carried out by Dr. K Datta PW 8, who in his detailed report had stated that the axe wound on the left side of the head of the deceased was sufficient to cause the death.
The investigating officer had also prepared the site plan.
He had taken into his possession the blood stained axe on production by Heera PW 1 and also blood stained saree of the accused.
Whether the prosecution was successful in establishing that the accused with the intention of causing death, caused the death of Kannilal?
Heera PW 1 had stated that the appellant accused was standing near the dead body of Kannilal with a bloodstained axe in her hand.
The trial companyrt had also taken other factors into companysideration like the recovery of bloodstained axe and saree of the appellant, for which there was numberproper explanation on the part of the appellant.
To answer the second question, the trial companyrt has taken into companysideration the circumstantial evidence available on record, since the sole eye witness Sumitra PW 4 has turned hostile.
They were sent to Forensic Science Laboratory for examination and the report received mentions that both the articles were found blood stained.
He had also stated, that, there were bloodstains on the clothes of the appellant as well.
She has filed this appeal from prison, where she is undergoing her sentence of life imprisonment.
Heera lodged the report P 1 in the Police Station, Sitapur.
The accused was running away with the axe and the axe was snatched from her and she was tied, all this was informed by him while lodging the report, P He had also stated in the report P 3, that the axe was smeared with blood and hair and accuseds garments were also stained with blood.
After recording the report P 1, the Station House Officer, Sitapur, left for the scene of occurrence and after giving numberice to the Panchas, he had prepared Panchanama of the dead body of Kannilal.
Thereafter, the dead body of deceased Kannilal was sent to the hospital situated at Sitapur for post mortem examination.
To answer the first question in the affirmative, the trial companyrt has placed reliance on the post mortem report of the doctor.
On hearing the cries, they came out of the house and went towards the side from where the sound of cries were heard and saw Kannilal deceased lying in a pool of blood.
She is represented by amicus curiae in this appeal.
The appellant, Satni Bai is the mother of the deceased.
She belongs to a tribal companymunity.
He had recorded the statements of Heera PW 1 Balobai PW 2 and Sumitra PW 4.
Balobai PW 2 in her statement before the police had stated, on the date of the incident they were sitting in the house and on hearing the cries of her daughter Sumitra PW 4, she came out of the house and saw appellants son was lying dead and she saw the appellant standing near the dead body with the wooden part of the axe in her hand and the metal part of the axe on the floor.
The blood stained articles were sent for examination to the Forensic Science Laboratory and, according to the report, blood was found on the saree of the accused and the weapon of offence axe.
A.K. Tiwari PW 7 was officiating in the post of Station House Officer, Sitapur.
