JASODA Vs. STATE

JUDGEMENT

(1.) THIS is an appeal by Smt, Jasoda who has been convicted and sentenced to three years' rigorous imprisonment under Section 326 read with Section 34, I. P. C.

(2.) THE facts giving rise to this appeal are as follows: P. W. 3 Srimati Bitola daughter of P. W. 4, Birbal was married to Hardwari who was also an accused in this case and was convicted under Section 326, I. P. C. but was sentenced to a fine of Rupees 1,000/- only in view of the fact that during the course of trial he became crippled and the trial Court did not think it desirable to impose substantive sentence on him.

(3.) SMT. Jasoda appellant is the mother of accused Hardwari. There was another accused Bipati, Bahnoi of Hardwari who was also prosecuted along with Hardwari and Smt. Jasoda but has been acquitted by the trial Court. It appears that the relations between Smt. Bitola and her husband were strained and the former used to complain about it to Smt. Jasoda. It is said that 1% years before the occurrence Hardwari had beaten his wife Smt. Bitola as a result of which Birbal had taken her to his house. She remained at the house of her father for about 1 1/2 years. A panchayat was held about 20 days before the present occurrence and it was decided by the panchayat that Smt. Bitola should go to the house of her husband Hardwari. After Smt. Bitola had come to reside with her husband, there again used to be quarrels between her and her husband and it is said that Smt. Jasoda used to take side with her son. It is further alleged that on the Sunday before the occurrence Birbal had asked Smt. Jasoda not to give him trouble any more as he had already sent his daughter to her and he had further told Smt. Jasoda that if Smt. Bitola did not behave properly, the matter will be referred to a Panchayat. On this Smt. Jasoda is said to have retorted that she would send Smt. Bitola to the Panchayat in such a condition that she would not be worth anything. It is said that on 14th March, 1967 at about 2. 00 P. M. Hardwari, Bipati and Smt. Jasoda tied the hands of Smt. Bitola and threw her on a cot and Bipati and Hardwari burnt her private parts with a burning hot karchhul. Birbal on learning about it went to the housa of Hardwari but he was not allowed to sea her. Birbal then went to the police station and dictated the first information report. After investigation, the appellant along with Hardwari and Bipati were challaned under Section 326 read with Section 34, I. P. C. Smt. Bitola was sent to Palia Dispensary where she was medically examined by Dr. G. S. Dikshit on 16-3-1967 at 6. 30 P. M, He found the following injuries on her person: