TARA BALMIKI Vs. STATE

JUDGEMENT

(1.) THIS Criminal Appeal has been filed against the judgment and order dated 11.2.1998, passed by Special Judge/Addl. Sessions Judge, Nainital, in S.T. No. 75 of 1991, State Vs. Smt. Tara Balmiki, convicting the accused Smt. Tara Balmiki U/S 304- Part-I I.P.C. and sentencing her to undergo Life Imprisonment.

(2.) THE prosecution case, in a nut-shell, is that in the night in between 17/18-6-1990, complainant Kabool Singh was sleeping at his house. At about 1.45 A.M. in the night he heard the noise of `Bachao Bachao' coming from the house of Smt. Tara Balmiki, and went near the house of Smt. Tara Balmiki and saw that a person was lying in the drain near the house of Smt. Tara Balmiki. Persons of the Mohalla had also reached there. In the meantime Smt. Tara Balmiki came out of her house and fled away towards eastern side. THE complainant asked the name of the person lying in the drain and he told his name Dinesh S/o Ram Ratan resident of Mohalla Katghar Moradabad. He further told that he had come to Kashipur in a marriage party and Smt. Tara Balmiki had called him at her house and she threw acid upon him, due to which he sustained injuries on his head, eyes and other parts of body. Complainant Kabool Singh lodged the F.I.R., Ext. Ka.1, at P.S. Jaspur in the night at 2.05 A.M. , on the basis of which a case U/S 326 I.P.C. was registered against Smt. Tara Balmiki as case crime No. 127/90, carbon copy of which is Ext. Ka.15.

(3.) THE investigation of the case was handed over to S.I. Sri Shyam Singh. On 18.6.1990 he recorded the statements of Kabool Singh, Kamal Kishore, Kallu Singh, Shiv Kumar, Ram Kishore etc and thereafter he visited the place of occurrence and prepared site plan, Ext. Ka.8. He took into possession the clothes and shoes of the deceased and prepared memo Ext. Ka.2. He also seized the burnt cushion and bed-sheet from the place of occurrence and prepared memo Ext. Ka.3. He also seized the phial of acid and jar from the place of occurrence and prepared memo, Ext. Ka.4. He conducted inquest on the dead body of Dinesh and prepared inquest report, Ext. Ka.9. THEreafter he prepared sketch dead body, Ext. Ka.10, report CMO, Ext. Ka.12 and Police Form No.33, Ext. Ka.13 and sent the dead body of post mortem. After completing the investigation, he submitted charge sheet, Ext. Ka. 18, against the accused.