DILKAURA Vs. STATE

JUDGEMENT

(1.) THIS criminal appeal arises out against the judgment and order dated 23 -11 -1983 passed by Sessions Judge, Tehri Garhwal in Sessions Trial No. 12 of 1983, State versus Smt. Dilkaura Convicting the accused/appellant under Section 302 I.P.C. and sentencing her to life imprisonment.

(2.) BRIEF facts of the prosecution case are that on 18 -12 -1982, in the afternoon, Kundan Singh since deceased, broke away the stone slabs of the roof of the accused house and threw the slabs inside her courtyard and in the verandah after removing them from the room. Thereafter, Smt. Dilkaura, the accused, went to Gulab Singh (Pradhan of the Village) and informed him that Kundan Singh S/o Hari Singh who was the elder brother of her husband had broken the roof of her house and the stone slabs of the roof.

(3.) AFTER hearing the entire incident from her, Gulab Singh accompanied by Shiv Singh, Kripal Singh and Amar Singh came to her house and saw the roof of her courtyard in her verandah and also on the back side of her house, where they enquired from Kundan Sinah (since deceased) who was the neighbour of the present accused Smt. Dilkaura as to why he had broken the roof and thrown away the slabs thereof. At the outset, he denied regarding the above incident but at the same time Sinak Singh S/o Sri Nanku R/o Sivali Patal who was also present by the side of the Pardhan at that time told that it was Kundan Singh who had himself broken the roof and thrown the stone slabs of the house of Smt. Dilkaura. After hearing this, Kundan Singh took a daranti in his hand and started abusing Gulab Singh and his companions.