USHA Vs. STATE OF U P

JUDGEMENT

(1.) SMT. Usha, wife of Shanker Singh, resident of Rajmargpur, P. S. Atrauli, district Aligarh has come up in appeal against the judgment and order dated 4-8-1933 of Sri V. D. Dube, IV Additional Sessions Judge, Aligarh, in S. T. No. 233 of 1991. The learned Judge has convicted and sentenced the appellant under section 302 IPC to death. A prayer has been made in the appeal that SMT. Usha be released on bail.

(2.) I have heard Sri B. D. Mandhyan, learned counsel for the appellant and the learned State counsel.

(3.) SMT. Usha is not named as accused in the FIR but PW 4 Beni Singh, who is the main witness in the fragile prosecution case, professes to have been aroused from deep slumber in the night of 29/30-11-1990 at 2 A.M. due to the shrieks of the appellant. Beni Singh got up and by the flash of his torch light saw the appellant standing in the courtyard of her house with a sickle in her hand. On inquiry the appellant replied that she was bringing in her cattle from outside the house. A few minutes later Beni Singh heard alarm raised by the appellant that her husband had been murdered. When Beni Singh and the villagers reached the house of the appellant she opened the door and told them that some miscreants had jumped into her house and after committing murder of her husband had escaped. However, in cross-examination the witness gave several vacillating answers and admitted that the door of the house of the appellant was already open when he reached there.