PUSHPA DEVI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) APPELLANT Smt. Pushpa Devi has been convicted for the offence of Section 304 (Part II) IPC and sentenced to undergo ten years rigorous imprisonment by learned Sessions Judge, Chamoli. She was tried for the offence of Section 302 IPC. Sessions Trial No.19 of 1999 (crime no.86 of 1998) pertains to P.S. Gopeshwar, District Chamoli.

(2.) APPELLANT and her husband Tarendra Singh were living in a rented accommodation in town Gopeshwar. The husband was 30 years of age while appellant was around 27 years. They had two children, a son and a daughter, but they resided along with their grandparents in the village. Deceased was doing some private job in a local hotel in Gopeshwar town and he always insisted his wife to go to the village and serve his parents. She never acceded to the command of her husband, so it was the cause of persistent annoyance between the two.

(3.) ON the fateful day of occurrence, he returned in the room around 1:30 -2 PM. He was almost in drunken state and began to beat his wife. So, she was constrained to leave the room of her husband to go to the house of her sister which was in the same town at a distance of about two kilometers. After spending almost 4 -5 hours in the sister s house, appellant returned to the room of her husband where she found him hanging with a Sarree of her. One end of that Sarree was tied with the iron rod of window, which was around 3 -4 feet of height from the ground, whereas another was tying the entire neck of deceased. Seeing such sad state of her husband, she became unconscious and fell down on the earth.