LAWS(DLH)-2014-7-196

LEELAWATI Vs. STATE

Decided On July 15, 2014
LEELAWATI Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) THE two appeals are directed against the judgment dated August 03, 2013 convicting the appellants for the offence under Sections 302/34 IPC and the order on sentence dated October 11, 2013 awarding them imprisonment for life and fine.

(2.) THE appeals raise an issue as to the intention attributable to a blind couple.

(3.) THE prosecution alleges that the appellants, who were tenants and living in a room adjacent to that of the deceased Smt. Munni Devi, committed her murder on March 16, 2011 at about 2.30 PM. The role of inflicting injuries to Munni Devi by a vegetable knife has been assigned to appellant Manoj. The role assigned to appellant Leelawati is of dragging the deceased. The star witness of the prosecution case is PW -1 Sarla, daughter of Munni Devi on whose statement FIR Ex. PW -1/A was recorded. She states that on March 16, 2011, when she came to her house at about 2.30 PM for taking lunch, she saw Leelawati and Manoj drag her mother to their room from the courtyard. Manoj was having knife used for cutting vegetables and on seeing the knife, she became perturbed. Manoj gave knife blows continuously on the face, neck and other parts of the body on her mother till the time her mother fell down on the ground unconscious. Leelawati is stated to have told Manoj "IS BUDIYA KA KAAM TAMAAM KAR DO YE ROJANA HUME TANG KARTI HAI". As per PW -1, the dispute between the two families was on throwing of waste, articles and vegetables peelings in front of the room of the deceased, due to which, quarrel had taken place two days prior to the incident. PW -1 raised alarm and the neighbours reached her house but before that the appellants ran away. Thus they were chased and caught by the neighbours.