(1.) Heard Mr. Rupak Chaubey, learned counsel for the appellant as well as Mr. Nagendra Bahadur Singh, learned Additional Government Advocate for the State.
(2.) This jail appeal is directed against the judgment and order dated 01.06.2000 passed by the First Additional Sessions Judge, Budaun whereby the appellant was convicted for commission of offence under Section 302 of Indian Penal Code and sentenced to imprisonment for life. The case as set up by prosecution is that one Mr. Mewa Ram had lodged the First Information Report stating therein that the appellant Smt. Tara had committed murder of the brother Mr. Ram Singh. On 20.03.1998 at 8:00 p.m. by causing him injuries with chopper (gandasa). It was stated that the informant heard the cry of his brother to rescue him then he along with his wife Smt. Punna Shri and Ram Beti wife of another brother Kashi Ram rushed to the spot and saw that his brother was lying on cot and his bhabi (appellant) was cutting him with chopper. When the informant tried to catch she threw chopper behind the gate and run away. At the same time Mr. Rajendra son of Lakhan Singh, Sundar son of Tursi along with other people of the same very village reached the spot by lighting torch, they saw her running from the place of occurrence and identified her. Since no transportation was available to reach the police station in the night, he reached the police station for lodging the First Information Report on the next date which was lodged on 11:30am. After lodging the First Information Report the police was set in motion and reached the spot where they got recovered the dead body, cloth, pillow and also bloodstained chopper. The dead body was sent for postmortem examination which was done on 22.03.1998 the Medical Officer who conducted the postmortem report examined the ante mortem injuries and recorded the opinion about cause of death, as in his opinion cause of death was shock and haemorrhage as a result of ante mortem injuries. The Investigating Officer had also prepared the site plan of the place of incident. The charge sheet was filed against the appellant charging her for commission of offence under Section 302 of Indian Penal Code.
(3.) The leaned Chief Judicial Magistrate took cognizance of the case and committed it to the court of session for trial. Informant Mewa Ram was examined as PW1. He stated that before eight days of occurrence of incident some altercation took place between his brother and his wife (accused) during which they assaulted to each other also. The appellant also threatened his brother. He supported the prosecution story for commission of murder of his brother. In cross-examination he stated that the appellant accused was not insane nor did she had suffered any position of unsound mindness ever. He was the first man to hear the cry of his brother, who cried for rescue, and to reach the spot along with his wife and wife of his brother. When they reached spot and saw that the deceased was lying on cot and appellant accused was cutting him, they tried to catch hold the appellant accused but she succeeded to run away.