SABRA Vs. STATE OF U P

JUDGEMENT

(1.) THIS criminal ap ­peal was preferred by Smt. Sabra, wife of the deceased, against her conviction under Section 302 I.P.C. and consequent sen ­tence of life imprisonment by Vth Addl. Sessions Judge, Bijnor in S.T. No. 235 of 1979.

(2.) THE incident in this case had oc ­curred on the night of 20th March, 1979, at about 11.00 p.m. The report of the incident was lodged on 21st March, 1979, at 1.30 a.m. by the brother of deceased, Jalaluddin Khan. Motive behind the incident alleged ­ly was that some row between husband and wife was going on the point of her going to her parents' house. Three four days before the incident her father had come for her bidai. The deceased declined to send his wife with him just 2 days ago. Appellant had quarrelled with her husband on that score. On the faithful night while deceased was sleeping, he was allegedly assaulted by his wife, the appellant, with a Gandasi. The alarm of the deceased had attracted the informant and Hanif apart from Mazhar, Miru, Mannu and Feeju etc. to his house. The informant jumped into her house from the western wall. Hanif also entered inside the house of the deceased by climb ­ing another wall. They saw that the appel ­lant was attacking her husband with a Candasi. He took his brother in his laps and raised alarm. He pushed aside the appel ­lant too. She went inside her room and washed Gandasi's blade with water and hanged it on a peg. Hanif in the meantime opened the main door, the witnesses, named above, entered the house. They had taken the injured Alam Dar Khan, deceased on a Rikshaw to the police sta ­tion. Smt. Sabra and weapon of assault were also taken to police station. Later on Gandasi was produced at the police station by this witness. Its blade and handle in which it was fixed was found stained with blood. The blade was sealed separately and handle was broken into 4 pieces and sealed independently. They were sent for chemi ­cal examination. The weapon and clothes she wore at the time of her arrest were taken into custody. Other articles were also recovered from the spot including a durret (Dari) which was lying on the cot of the deceased. They were all sent for chemi ­cal examination. The report of chemical examiner shows that they were blood stained. It does not say whether it was human blood. These articles were sent for serological examination. Blood was found to be human blood.

(3.) THE appellant in her examination under Section 313 Cr. PC. had stated that she was sleeping in the Kothari of her house and her husband was sleeping in the Courtyard when she heard his alarm. She came out from the Kothari in the Court ­yard. She saw two persons assaulting her husband. She raised an alarm and opened the bolt of the door. She took her husband in her laps. Hearing her alarm many people collected there. The assailants ran away as soon as she raised alarm. People who collected there started making en ­quiries from her about the incident. She had informed all of them that two persons assaulted her husband and when she raised alarm they fled from the spot. Her husband was placed on the cot from the ground. The villagers went to police station. She had also accompanied them. Jalaluddin in the meantime met the S.H.O. Her report was not transcribed because Jalaluddin had al ­ready contacted the Inspector. Her hus ­band was sent to hospital. She also accom ­panied him. At about 6.00 he died. They came back to their house. Police Inspector started enquiring from Jalaluddin about the culprits. He told him that he did not know about the assailants. The investigating officer threatened Jalaluddin to dis ­close the name of the real culprits or else he will involve him. He took the Sub In ­spector outside her house and she was thereafter in this manner involved in order to oust her from her husband's property. Jalaluddin is a mischievous man. She stated that she told the Inspector  ''how can I kill my husband†. Jalaluddin and her hus ­band were doing business of selling buf ­faloes. Some altercation had taken place between them. Jalaluddin refused to continue the business in partnership with her husband. Jalaluddin demanded few buf ­faloes and refused to continue the business in future. The gave rise to a quarrel be ­tween them. Jalaluddin tried to remove her buffaloes but her husband had beaten him. His wife came to rescue her husband, she too was beaten. Then Jalaluddin and his wife both stated they will see them within a year. Next day he called his in caws to beat the deceased. She dragged her hus ­band inside the room. They went away threatening to see him in future. She stated that she has two young children who are with Jalaluddin. She apprehend danger to their life also. She demanded that her children may be returned to her. For fear of Jalaluddin no witness is ready to come to her defence. She is living with her father. In reply to question No. 5 stated that her husband died subsequently. Initially he was unconscious. Rest she did not know. In reply to question No. 6 she admitted that her clothes were taken at the police sta ­tion. Cot, Dari and earth were stained with blood. In reply to question No. 7 she stated that Jalaluddin is deposing against her be ­cause he had usurped her property. Hanif and Munna are giving evidence under ,police pressure and due to their closeness with Jalaluddin. Hanif is nephew of Jalaluddin and Munna is his friend.