RADHIKA DEVI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Present appeal is preferred assailing the judgment and order dated 5.3.2011 passed by the Sessions Judge, Almora in Sessions Trial No. 17 of 2006, whereby the appellant Radhika Devi was held guilty for the offences punishable under Ss. 302 and 504 IPC; she was awarded life imprisonment with fine of Rs. 500/ - under Sec. 302 IPC; she was further sentenced to undergo R.I. for a period of six months under Sec. 504 IPC. Since, none was appearing for the appellant, therefore, we have requested Ms. Charanjeet Kaur, Advocate to assist us as amicus curiae. She has accepted our request. Copy of the paper book was handed over to her.

(2.) We have heard Ms. Charanjeet Kaur, learned amicus curiae for the appellant, Mr. A.S. Gill, learned Deputy Advocate General assisted by Mr. Milind Raj & Ms. Farida Siddiquie, Brief Holders for the State, and have carefully perused the record.

(3.) Brief facts of the present case inter alia are that P.W. 1 Nand Ballabh got registered a report with Patti Patwari Bhura, Tehsil Bhanoli, District Almora on 3.8.2005 stating therein that on the same day at about 6 AM, his daughter Km. Anita (deceased) along with her mother Smt. Shanti Devi W/o Trilok Singh and Prema Devi W/o Puran Chand, Km. Reena D/o Parmanand, went to jungle to collect grass for fodder; accused having seen them cutting the gross, started abusing them; accused Radhika Devi threw one stone towards Anita which hit on the head of Anita whereby Anita started bleeding from the head and fell down and died on the spot. This information was supplied to P.W. 1 (complainant) by Geeta Devi W/o Gokul Chand and Smt. Basanti Devi W/o Puran Chand, PW2 & PW4 respectively.