STATE OF U. P. Vs. PHOOLAN DEVI

JUDGEMENT

(1.) By means of the present application under Sec. 378(3) of the Code of Criminal Procedure,[hereinafter referred to as Cr.P.C.] the State has sought leave to appeal to challenge the judgment and order dtd. 16/5/2013 passed by the then Special/ Additional Sessions Judge, Lakhimpur Kheri in Sessions Trial No.52 of 2007 titled as State of U.P. vs. Hori Lal and another arising out of Case Crime No.77 of 2006, under Sec. 302 of the Indian Penal Code,[hereinafter referred to as I.P.C.] Police Station Pasgawan, District Kheri, whereby the accused/ respondent herein, Smt. Phoolan Devi @ Phoolmati has been acquitted of the offence under Ss. 302. However, the co-accused, Hori Lal has been convicted and sentenced to undergo life imprisonment with a fine of Rs.5,000.00 for the offence under Sec. 302 I.P.C. and in default of payment of fine, he has further been directed to undergo two months' simple imprisonment.

(2.) We have heard the learned Additional Government Advocate appearing on behalf of the State-appellant on the application for grant of leave to appeal and perused the record available before this Court.

(3.) The brief facts are that Hori Lal submitted a written application on 10/1/2006 at Police Station Pasgawan, District Kheri saying that his wife Phoolan Devi @ Phoolmati was all alone in the house on 9/1/2006 in the night and at around 01:00 PM, Mewa s/o Dwarika and Pramod s/o Natthu inquired about the whereabouts of Hori Lal from Phoolan Devi @ Phoolmati. Phoolan Devi @ Phoolmati being unaware of the whereabouts of her husband could not tell Mewa and Pramod about the whereabouts of Hori Lal. Mewa and Pramod started beating up Phoolan Devi @ Phoolmati, as a result of such attack on the person of Phoolan Devi @ Phoolmati, the foetus that was inside her womb as she was 8 months' pregnant died and the baby was still born. Some villagers who had heard the noise came to the house of Hori Lal and saved the life of Phoolan Devi @ Phoolmati from the attack of Mewa and Pramod. As a result of such application dtd. 10/1/2006, an F.I.R. as Case Crime No.77 of 2006 was registered under Ss. 316 and 452 of the I.P.C. initially against Mewa and Pramod at Police Station Pasgawan, District Kheri at 10:45 AM. During the course of investigation, an Ultrasound and Medical Examination of Phoolan Devi @ Phoolmati was done. The postmortem of the deceased/ child was also conducted by P.W.-3, Dr. S.P. Verma. On the basis of such investigation, the Charge-sheet was filed by the Investigating Officer against Hori Lal and Phoolan Devi @ Phoolmati under Sec. 302/34 I.P.C. Mewa and Pramod, who were initially named in the first information report were exonerated.