RAM BETI Vs. STATE

JUDGEMENT

(1.) This appeal arises out of the judgement and order dated 19-2-1980 passed by the Sessions Judge, Kheri convicting the accused-appellant, Srimati Ram Beti, under Section 302 of the Indian Penal Code and sentencing her to life imprisonment. The facts stated in brief are that Chhotey Lal, deceased, and his wife, the present appellant, were not having good relations. It is alleged that Chhotey Lal deceased used to beat his wife and had a suspicision that his wife was not sincere to him. Ram Gopal (P.W. 4) and Ved Prakash (P.W. 3) are said to have intervened in the matter and impressed upon Chhotey Lal not to beat his wife. The occurrence took place on 10-5-1978 at about 9.30 p.m. On that day at about 9.30 p.m. a gun shot was fired. At that time Ved Prakash (P.W. 3) was lying on the roof of the shop of his nephew. When he heard the noise he came out of the shop. He along with his nephew came to the house of Chhotey Lal. Ram Gopal (P.W. 4) also reached the spot. They found that the appellant had a gun in her hands and Chhotey Lal was lying on the cot in a pool of blood having gun shot wound on his head. It is the case of the prosecution that Chhotey Lal deceased had a licensed gun. When these witnesses reached the house of Chhotey Lal the appellant along with her daughter boarded a bus and went away from the place of the occurrence. It is alleged that she went to the police station on the same day and gave a report at the police station, a copy of which is Ext. Ka-6.

(2.) On the basis of this report a chik report was prepared by Head Constable Bhagwati Singh. The investigation was done by Iqbal Singh, Station House Officer. He recorded the statement of Srimati Ram Beti at the police station and reached the place of occurrence and found the dead body of the deceased on the north of the Khoka on a cot. As there was no light therefore the Panchayatnama was prepared on the next day. After completing the investigation a charge-sheet, Ext. Ka-17, was submitted against the appellant under Section 302, I.P.C.

(3.) Dr. S. C. Agarwal (P.W. 1) conducted the post-mortem examination on the body of the deceased Chhotey Lal and found the following ante-mortem injuries :-