MAMO Vs. STATE

JUDGEMENT

(1.) THE learned Sessions Judge, Saharanpur in S. T. No 419 of 1979, State v. Smt. Mamo and another, by his judgment and order dated 20 -2 -80 held Smt. Mamo (appellant) guilty on a charge under Section 302, IPC and awarded life imprisonment to her. The co -accused Om Prakash was extended the benefit of doubt and acquitted.

(2.) THE prosecution case started on the basis of a FIR lodged by Data Ram, PW 1 at the police station on 13 -8 -79 at 6. 10 a. m. The incident is said to have taken place in same night at about 3 am the distance of the police station is 5 Kms. He has alleged that he was sleeping in front of the house of Mangat Singh, his brother. Smt. Bhamuli (wife of the deceased Man -gat Singh) who is his Bhabhi was also sleeping near the deceased Smt. Bhamuli started crying. Hearing which, Natthu Singh Chowkidar and Kjshan Pal also ar rived. The complainant also got up. All the the saw that the accused Smt. Mamo was assaulting Mangat Singh with a Gan -dasa. Several persons later on arrived. After their coming, Smt. Mamo, appellant said that she had removed the thorn from her way (by killing the deceased Mangat Singh ). There were illicit relations be tween Smt. Mamo and Om Prakash, co -ac cused (acquitted ). The deceased had seen Om Prakash with the appellant in objec tionable stages and had objected to that to Om Prakash. He also wanted to convene a Panchayat. Nay, he had prevented Om Prakash from meeting the appellant and that was why the appellant as well as the co -accused Om Prakash had conspired and murdered the deceased.

(3.) ON the basis of the written FIR, a case was registered in the GD. The 1o reached the spot, completed the for malities of investigation and prepared the relevant documents and sent the dead -body for post - mortem examination duly sealed.