PREM DEVI Vs. STATE

JUDGEMENT

(1.) Aggrieved by the judgment of conviction dated 27.02.2001 convicting the appellant-Prem Devi finding her guilty under Sections 304 Part-I Penal Code and order on sentence dated 28.02.2001 vide which the appellant was sentenced to undergo eight years rigorous imprisonment for the offence under Sec. 304 Part-I Penal Code with fine of Rs. 1000.00, in default of payment of fine to further undergo simple imprisonment for one month, the present appeal has been preferred.

(2.) The factual matrix emerging from the record is that the appellant's husband was a habitual drinker and the same was the main reason behind many fights, on a daily basis behind him and the appellant. The appellant Prem Devi, allegedly, had an altercation on the night of 24.03.1995 at about 11pm when the neighbours had also intervened and tried to pacify the appellant and her husband. Further that night, on 25.03.1995 at around 30am the appellant allegedly poured kerosene oil on her husband who was asleep in his jhuggi and set fire by lighting. The police was subsequently informed about the incident, and acting on the same ASI Kishan Pal along with a constable reached the jhuggi of Bharat Bhushan and learnt that the victim had been moved to Hindu Rao Hospital from where he was referred to L.N.J.P Hospital by the doctors. The doctors at L.N.J.P Hospital found the victim unfit for statement. The ASI subsequently reached at the place of incident again and inquired about the alleged incident from the eye witnesses.

(3.) On the basis of statement made by the complainant, Bharat Bhushan, on a subsequent date, FIR of the instant case was registered. After completion of investigation, charge sheet was filed in the Court.