SHANTI DEVI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE present appeal has been preferred by Smt. Shanti Devi aggrieved by her conviction under Section 307, I. P. C. She has been sentenced to three years' R. I.

(2.) A quarrel took place between the husband and wife. Appellant is the wife. It appears that the appellant-wife was beaten and suffered injuries at the hands of the husband as is apparent from the injury reports Exhibits P-4 of wife and P-5 of injured husband. Appellant Smt. Shanti Devi is the wife of injured Dharamdeo. According to the prosecution case, altercation took place between husband and wife on 15. 11. 1987 in the night at 2 a. m. at Govindpura, Bhopal. Husband and wife both used to excuse each other of bad character. A divorce case was filed in which a compromise was entered into. However, differences continued even after they started living together. Dharamdeo's assurance of good behaviour proved futile. Incident of beating took place on two occasions. The prosecution alleges that the appellant-Shanti Devi, with an intention to kill her husband and get rid of situation caused injury to her husband in the night with a Gandasa, a sharp-edged weapon. The accused-appellant abjured the guilt and contended that her husband tried to inflict knife injury on her. She tried to save her and in such scuffle, injury was sustained by her husband.

(3.) INJURY report Ex. P-4 disclosed that appellant-wife was medically examined on 15. 11. 1987 at 7. 35 p. m. There were following injuries :