STATE Vs. MT. KHIMIA

JUDGEMENT

(1.) THIS case has been referred to me under Section 80 of the High Court of Judicature Act No. 8 of 1949 as there is a difference of coinion between Dixit and Khan JJ., who constituted the bench that heard the case.

(2.) THE accused Mst. Khimia was tried by the Sessions Judge Guna for offences under Sections 302, 307 and 309 I.P.C. The learned Sessions Judge acquitted the accused of offences under Sections 302 and 307 and convicted her of an offence under Section 309 I.P.C. and imposed a sentence of six months simple imprisonment. Against this decision Mst. Khimia filed an appeal No. 87 of 1954 for setting aside her conviction and sentence under Section 309 I.P.C. and the Government filed an appeal No. 24 of 1955 under Sections 417 Code of Criminal Procedure for setting aside her acquittal under Sections 302 and 307 I.P.C. These appeals, came up before a Division Bench consisting of Dixit and Khan JJ. Dixit J. and Khan J. dismissed the appeal of Mst. Khimia. They also agreed that the order of the Sessions Judge Guna acquitting the accused under Section 307 I.P.C. be set aside and that convicting her of an offence under Section 307 I.P.C. she be sentenced to two years simple imprisonment and a fine of rupee one.

(3.) FROM the facts given above, it is evident that all that I have to consider is whether the evidence on record warrants the conviction of the accused under suction 302 I.P.C. or not. The evidence as analysed by Khan J. is as follows: