BHAGWATI DEVI Vs. STATE OF UP

JUDGEMENT

(1.) This appeal, preferred under Section 374 of the Code of Criminal Procedure, 1973 (hereinafter referred as Cr.P.C.), is directed against the judgment and order dated 10.06.1999, passed by Sessions Judge, Almora, in Sessions trial No. 11 of 1993, whereby said court has 2 convicted accused / appellant Bhagwati Devi under Section 307 of the Indian Penal Code, 1860 (hereinafter referred as I.P.C.), and sentenced her to rigorous imprisonment for a period of seven years.

(2.) Heard learned counsel for the parties and perused the lower court record.

(3.) Prosecution story, in brief, is that accused / appellant Bhagwati Devi is wife of P.W. 1 Bhuwan Chandra (complainant). She got married to Bhuwan Chandra on 23.02.1981. The prosecution case is that since she used to leave her husband's company frequently, P.W. 1 Bhuwan Chandra (complainant) got married to another woman P.W. 3 Meera Devi, on 06.12.1982. On this, Bhagwati Devi returned to the house of her husband in Village Dhura Sangauli, Post Office Kanara Chaukhutia, District Almora, and both of them started living together. Thereafter, accused / appellant Bhagwati Devi (the first wife of the complainant) delivered a female child on 05.01.1983. Subsequently, P.W. 3 Meera Devi (second wife of the complainant) delivered a male child in March 1986. Due to this reason, according to the prosecution, the first wife (accused / appellant Bhagwati Devi) developed envy against the second wife, and attempted to kill the male child by pouring boiling water on him within 3-4 days of his birth, and succeeded in said attempt. It is pleaded by the prosecution that since 3