SHYAMA DEVI Vs. STATE

JUDGEMENT

(1.) The sole appellant Smt. Shyama Devi is aggrieved by her conviction under Section 323 I.P.C. and implanted sentence of one year RI with Rs. 1,000/-fine recorded by 3rd Additional Sessions Judge, Mirzapur in S.T. No. 66 of 1981 State Vs. Shyama Devi dated 18.8.1982 and hence has challenged her conviction and sentence in the instant appeal.

(2.) Stated very briefly, prosecution allegations against the appellant were that on 20.6.1980 at about 3 P.M., on the question of cleaning a drainage and flowing of dirty water, a scuffle took place in between the appellant and the deceased Smt. Mantoriya, who was the mother of informant Khanman P.W. 6. In that scuffle, it is allegated that the appellant had pushed the deceased, who fell down on the ground and thereafter she was slapped and boxed with fists. She was taken PHC, Chunar the same day where Dr. C.K. Gupta P.W. 5 examined her medically at 5 P.M. and prepared her injury report vide Ext. Ka-2. Doctor did not find any external injury but condition of the injured Smt. Mantoriya was serious and, therefore, she was referred to be carried to BHU, Hospital, Varanasi vide reference slip Ext. Ka-3. While she was being transported to BHU, outside the area of village Baraipur, injured Smt. Mantoriya lost her life. Crime, therefore, was converted under section 304 I.P.C.

(3.) Informant Khanman was on duty in Post Office, Chunar where he was informed about the incident by his son Ramu. Complainant returned back to his house where he was narrated about the incident by Gudri P.W. 1 and Jangli P.W. 2. On their intimation, informant got the FIR scribed through Ratan Kumar Yadav and then went to police station, Chunar where he lodged his written FIR. On the basis of the said written report, chik FIR Ext. Ka-4 was prepared by head constable Rama Shanker Singh P.W. 9 at 5.30 P.M. regarding which GD entry vide Ext. Ka-5 was also inked.