TULSI DEVI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The impugned judgement and order was passed by Additional Sessions Judge, Chamoli (Garhwal) convicting the appellants in Session Trial No. A-46 of 1974, State v. Chandra Prakash and others as below :

(2.) The prosecution case started on the basis of a first information report dated 8/02/1973, lodged by Budhi Ram (now traceless) at the Police Station (Patwari Station) on 8/02/1973, at 2.00 p.m. The distance of the police station is of 5 kms. from the place of occurrence. The incident is alleged to have taken place on 7/02/1973, at about 4.00 p.m.

(3.) It has been alleged that the complainant resides with his wife Smt, Harma Devi, PW 1 at the house of her father. The accused did not relish the residence of the complainant and his wife at the house of her father. They were bent upon forcing him out of the village and for that they had created several troubles and false litigations etc. had been launched by them. On 7/02/1973, at about 4.00 p.m. the accused assaulted Smt. Harma Devi with an intention to murder her, They kicked her causing abortion to her, as she was carrying for about 4-5 months. Her condition was serious. The incident had been witnessedby Dharam Ram, PW 2 Sowan Ram, PW 4 Kanak Ram and others. The accused have been arrayed as follows :(i) Chandra Prakash(ii) Ganga Ram(iii) Gopal Ram(iv) Alam Ram and(v) Smt. Tulsi Devi.