KAMALABEN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant -lady Kamlaben wife of Govindbhai Bababhai Sharma has preferred this appeal under Sec. 374 of Code of Criminal Procedure, 1973 and has challenged the judgment and order of conviction and sentence holding her guilty of the offence punishable under Sec. 302 of I.P.C. The learned Additional Sessions Judge, District Kheda at Nadiad at the end of the trial of Sessions Case No. 82 of 1990 convicted the appellant under impugned judgment dated 16th May, 1992, and has imposed punishment of life imprisonment and fine of Rs.500.00 and in default of fine, one month R.I.

(2.) To appreciate the grievances of the appellant for the verdict recorded by the lower court vis-a-vis the case of the prosecution, we would like to state case of prosecution in brief.

(3.) Initially, offence was registered with Shaher Kotada Police Station but the F.I.R. was transferred to the concerned Police Station under whose jurisdiction the incident had occurred and the Mahemedabad Police Station had registered the offence against the accused. On the death of Rasila, graver offence punishable under Sec.302 of the Indian Penal Code was registered. After arrest and investigation of the crime, Police chargesheeted the appellant. The accused, on committal, was tried by the learned Additional Sessions Judge, Kheda District at Nadiad and at the end of the trial, the learned Additional Sessions Judge found the accused guilty of the offence under Sec.302 of the I.P.C. and was imposed imprisonment for life and fine as stated above.