PUSHPAM Vs. STATE

JUDGEMENT

(1.) The sole appellant/accused, who was charged, tried and found guilty under Section 304(2) and sentenced to undergo four years R.I., has filed this appeal.

(2.) The short facts necessary for the disposal of this appeal can be stated as follows:

(3.) In order to prove the charges levelled against the appellant/accused, the prosecution has examined 12 witnesses and marked 15 exhibits and 13 M.Os. When the accused was questioned under Section 313 of Cr.P.C. as to the incriminating circumstances found in the evidence of the prosecution witnesses. The accused has stated that the witnesses were falsely implicated in this case and she has further stated that in order to save herself and her chastity, she has no option than to attack the deceased with M.O.1 at the time of occurrence. No defence witnesses were examined. On consideration of the rival submissions and scrutiny of the materials available, the lower court found the accused guilty though not under Section 302 I.P.C., but under Section 304(2) I.P.C. and sentenced to undergo R.I. for four years. Hence, this appal has been filed.