AMDIBEGUM Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal is directed against the order of conviction recorded by the learned Additional Sessions Judge, Surat in Sessions Case No. 146/84 on his file. The prosecution case was that on 17-8-1984 at about midnight the appellant - accused had inflicted blows by means of an iron rod on her deceased husband and brought about his death. Thereafter the accused had made good her escape and went away to her parents place along with her young children. Subsequently, on receipt of the complaint, the investigation started. It was completed and the accused was arraigned before the learned Sessions Judge, Surat for an offence punishable under Section 302 of the Indian Penal Code.

(2.) The learned Sessions Judge after recording the evidence came to the conclusion that the prosecution has been able to establish that it was the accused at whose hands the deceased had met his death, but the learned Judge was of the opinion that the accused was motivated by the grave and sudden provocation and hence the offence would not be one punishable under section 302 of the I.P. Code, but the appellant-accused would be guilty of an offence punishable u/s. 304 Part I of the I. P. Code. In that view of the matter, he convicted the accused and sentenced her to suffer R. I. for a period of 7 years, and also imposed a fine of Rs. 100/- i.e. R. I. for one month. Being aggrieved by the said order, the appellant-accused has approached this Court by way of the present appeal.

(3.) Mr. Mansuri, the learned advocate appearing for the appellant took us through the judgment as well as the material portion of the evidence and Mr. Mansuri urged that the appellant-accused had also a number of injuries on her person and under the circumstances, she would be entitled to a clean bill of acquittal inasmuch as even if she has been proved to have inflicted the fatal blows on the person of the deceased, her act was more than amply justified because she was placed in mortal danger of her life. For the reasons to be now recorded we feel that Mr. Mansuri is treading a very sure ground and the learned Sessions Judges order requires to be set aside and the accused deserves to be acquitted.