SABIRA BEGUM Vs. STATE OF UP

JUDGEMENT

(1.) This appeal, preferred under Section 374 of the Code of Criminal Procedure, 1973 (for short Cr.P.C.), is directed against the judgment and order dated 28.06.2000, passed by Sessions Judge, Almora, in Sessions Trial No. 57 of 1995, whereby said court has convicted accused / appellant Sabira Begum under Section 302 read with Section 34 of the Indian Penal Code, 1860 (for short I.P.C.), and sentenced her to imprisonment for life.

(2.) Heard learned Amicus Curiae for the appellant and learned Asstt. Government Advocate for the State, and perused the lower court record.

(3.) Prosecution story, in brief, is that Smt. Parwati Devi (deceased) was lodged in District Jail, Almora, in October 1985, in connection with a murder case. On 24.07.1986, she was produced in connection with said case in the court of Sessions Judge, Almora. An application was moved by her, through her counsel, on 25.07.1986, complaining that after her return to District Jail, accused / appellant Sabira Begum, who was a warder in the jail, committed MAARPEET with her and harassed her. It is also complained by her that she has been threatened by the warder (Sabira Begum) that she would be killed. On this, under order dated 26.07.1986, passed by Sessions Judge, Chief Judicial Magistrate, Almora, went to the District Jail, and enquired into the incident. The Chief Judicial Magistrate in his report dated 2nd of August 1986, reported that the complaint was true to the extent that after Parwati Devi refused to throw away a scorpion, which had sneaked in the barrack, and did not obey orders of the warder, she (accused Sabira Begum) misbehaved and assaulted Parwati Devi. This fact was corroborated by co-inmate Smt. Radha Devi and the Deputy Jailer. The orders of the Sessions Judge, Almora, on said report were sent to the Superintendent of the District Jail for taking necessary action. Prosecution case is that in the intervening night of 3rd and 4th of August 1986, accused / appellant Sabira Begum was on duty in the female barrack, where Parwati Devi (deceased) and another inmate Radha Devi were lodged. In the morning, Sabira Begum reported to the Deputy Jailer that Parwati Devi has committed suicide. The Deputy Jailer informed the matter to the Incharge Superintendent of the District Jail, and the matter was also reported to the police. An inquest report (Ext. A 1) was prepared by the police on 04.08.1986, at 04:15 P.M., under instructions from the Sub Divisional Magistrate, after taking the dead body of Parwati Devi in their possession, and the dead body was sent for postmortem examination in a sealed condition. The postmortem examination on the dead body of Parwati Devi was conducted on 05.08.1986, at 12:10 P.M. (noon) by P.W. 6 Dr. M.L. Agarwal and one Dr. B. Swaroop. The two Medical Officers, after postmortem examination, recorded three ligature marks, two as ante mortem injuries and one as postmortem injury. They opined in the autopsy report (Ext. A 6) that the deceased had died of asphyxia as a result of strangulation. However, they also preserved the viscera. Meanwhile, on 04.08.1986, at about 05:40 P.M., Sub Inspector Zora Singh (P.W. 10) lodged first information report (Ext. A 13) at police station Kotwali Almora, against accused / appellant Sabira Begum and Smt. Radha Devi (co- inmate with the deceased), relating to offence punishable under Section 302 of I.P.C., and started the investigation suspecting their role in commission of murder of the deceased. The crime was partly investigated by P.W. 11 Station House Officer Dinesh Chandra Singh Rawat. Thereafter, the investigation appears to have been transferred to CBCID, and concluded by P.W. 12 Inspector K.R. Tamta, who submitted charge sheet (Ext. A 23) against accused / appellant Sabira Begum, Radha Devi, and Vijay Kumar Raizada, Deputy Jailer, for their trial in respect of offence punishable under Section 302 read with Section 34, and under Section 120-B of I.P.C.