RADHA DEVI Vs. STATE OF U P

JUDGEMENT

(1.) This Jail Appeal under Section 383 Cr.P.C. has been filed by accused-appellant Smt. Radha Devi through Jail Superintendent, Agra against the judgment and order dated 03.06.2013 passed by Sri Vinay Kumar Mishra, Additional District and Sessions Judge, Court No.11, Agra. By the impugned judgment, learned Additional District and Sessions Judge has convicted and sentenced accused-appellant under Section 302 I.P.C. to undergo life imprisonment along with fine of Rs. 5,000/-. In case of default in payment of fine, she has to undergo rigorous imprisonment for 6 months.

(2.) Factual matrix of the case as emerging from First Information Report (hereinafter referred to as "F.I.R.") as well as evidence available on record may be stated as follows :-

(3.) On 31.03.2010, a written report (Ex.Ka.-1) was presented in police station Dauki, District Agra by Informant, PW-1 Srinivas Sharma, alleging that he was resident of residential block in Moti Lal Inter College, Saiya (Agra). Mukesh Chandra Sharma aged about 38 years, younger brother of Informant, PW-1, had been residing in village Petikhera along with his wife Smt. Radha. Informant's brother's wife Radha is a short-tempered lady and often used to quarrel with her husband (Informant's brother) and also used to beat her children. On account of her rude behaviour, Informant had kept both the children, Pawan and Madhav, aged about 8 and 6 respectively with him and was getting them educated. On the fateful day i.e. 31.03.2010, Informant's elder brother Ramnivas Sharma and cousin Jitendra Kumar Sharma went to village Saiya and informed complainant that last night Radha was indulged in quarrel and hurling abuses with Mukesh at about 11.00 to 12.00 midnight. Both were persuaded by villagers and matter was reconciled. In the morning, Mukesh was found dead on the cot. Blood was oozing from his head and face. Blood stained spade was lying on the spot and youngest female child aged about one and half year was crying beside the cot. On account of scuffle taken place in night, Radha had killed Mukesh by inflicting spade. When Informant went to the spot, he himself witnessed that his younger brother's dead body was lying on the cot in the pool of blood. Many villagers were present near the dead body. On making query about Radha, he came to know that Radha had gone out of the house at about 7.00 AM in blood stained clothes. Information about absconding of Radha was given to Informant by his uncle Chhote Lal Sharma and nephew Chandra Shekhar Sharma. F.I.R. further states that motivated by anger Radha had murdered Informant's younger brother.