MANGAYEE ALIAS ESWARI Vs. STATE REP

JUDGEMENT

(1.) The sole accused/appellant herein, who stood charged and tried for murder of her husband and found guilty under Section 304(1) IPC and sentenced to undergo five years RI has brought forth this appeal.

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

(3.) In order to prove the charges levelled against the accused, the prosecution examined 11 witnesses and marked 15 documents and 10 Mos. On completion of the evidence on the side of the prosecution, the accused was questioned under Section 313 of Cr.P.C. as to the incriminating circumstances found in the evidence of the prosecution witnesses, which she flatly denied as false. No defence witness was examined. On consideration of the rival submissions made and scrutiny of the materials available, the trial court though not found the appellant/accused guilty under Section 302 IPC, but found the accused guilty under Section 304(1) IPC and sentenced to undergo imprisonment as stated above.