BADEBAMA @ SATHPATHI SETH v. THE STATE OF CHHATTISGARH

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

BADEBAMA @ SATHPATHI SETH Appellant(S)

THE STATE OF CHHATTISGARH RESPONDENT(S)

1. The appellant was charged under sections 354 and 302 of IPC in

pursuant to the complaint lodged by PW-5 in Crime No. 99 of 2011.

The occurrence took place on 01.04.2011.

2. It is the case of the prosecution that when the deceased was

having a bath in her courtyard, the appellant went there and with

an intention to outrage her modesty, started teasing her. Upon

resistance from the deceased, the appellant picked up a wooden raft

lying there and gave repeated blows on her head resulting in her

death. On hearing the cries of the deceased, PW-5, who was the

author of the First Information report also being a neighbour of

the deceased saw the occurrence. The appellant fled from the place

of occurrence leaving the wooden raft at the place of occurrence

itself which was also witnessed by PW-2, PW-4, PW-8 and PW-12.

3. The Trial Court while convicting the appellant for the offence

punishable under section 302 of the IPC, acquitted him under

section 354 of the IPC. The appeal filed by the appellant was also

dismissed.

4. When the matter was taken up for hearing on last few

occasions, there was no representation on behalf of the appellant.

Accordingly, we appo...