SMT. REKHA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Miss Shweta Pandey, Amicus Curiae for the appellant and Sri Sagir Ahmad, learned A.G.A. for the State.

(2.) This criminal appeal has been filed by the appellant Smt. Rekha against the judgment and order dated 9.7.2008 passed by the Additional Sessions Judge/F.T.C. Court no. 3, Budaun in S.T. No. 767 of 2006 (State v. Smt. Rekha) , arising out of Case Crime no. 133 of 2006, under Section 304 I.P.C., P.S. Jarif Nagar, district Budaun, by which the appellant has been convicted and sentenced to 10 years R.I. and a fine of Rs. 10,000/-and in default of payment of fine 2 years additional imprisonment.

(3.) According to the prosecution story as spelt out in the written report of the occurrence (Ext.Ka1) lodged by PW1 informant Brahm Singh at police station Jarif Nagar, district Budaun on 23.3.2006 at about 11:10 A.M. and later testified by the prosecution witnesses of fact examined during the trial is that the informant Brahm Singh was resident of village Madarpur, police station Jafar Nagar. His elder son Shivraj aged about 20 years was living with his wife Rekha and his one year old child in his old house. On 23.3.2006 at about 4 A.M. he heard shrieks of his son and daughter-in-law quarrelling with each other loudly over some issue. On hearing the noise his younger brothers Bhallu and Bhoore also reached near the room of the informant's son and found that its door was bolted from inside. It appeared that they were quarrelling with each other over the issue of bringing medicines for their ailing child. While arguing with each other both started scuffling and the accused Rekha lifted the spade which was lying inside their bedroom and in a heat of passion dealt repeated spade blows to his son Shivraj on his face and neck causing injuries to him on account of which he fell on the ground. The informant took his injured son for treatment to Budaun. However, before reaching Budaun his son Shivraj succumbed to injuries at about 9 A.M. After the death of his son the informant brought his dead body back to his village and after leaving it there he went to police station to lodge the F.I.R. of the incident.