(1.) Challenging the order of conviction and sentence passed against her, the accused in SC No.71/2013 on the file of the Prl. District and Sessions Judge, Chickballapur has preferred this appeal.
(2.) The appellant was the sole accused in SC No.71/2013 before the trial Court. For the purpose of convenience, the parties will be referred to henceforth according to their ranks before the trial Court.
(3.) The accused was prosecuted in SC No.71/2013 for the charge for the offence punishable under Sec. 302 of IPC on the basis of the charge sheet filed by Gowribidanur Rural Police in Crime No.205/2012 of their Police Station. Crime No.205/2012 was initially registered for the offence punishable under Sec. 307 of IPC on the basis of the alleged dying declaration as per Ex.P7 given by injured Shobhabai, w/o Thimma Naika. She died on 25/9/2012. Therefore, the case was converted from 307 to 302 IPC . The case of the prosecution in brief is as follows: