IRFANA @ HIRA Vs. STATE OF M.P.

JUDGEMENT

(1.) The appellant has filed the present appeal being aggrieved by judgment dated 15.11.2008 passed by Additional Sessions Judge, Barwaha, District West Nimar in S.T. No.28/2008, whereby she has been convicted u/s. 302 of IPC and u/s. 25 read with Section 27 of Arms Act and sentenced to undergo life imprisonment and to pay a fine of Rs.100/-; 3 years & 7 years' imprisonment with fine of Rs.100-100/- respectively with default stipulation.

(2.) As per prosecution story, complainant lodged the FIR on 20.12.2007 that she came to her maternal house at Barwaha and her deceased brother viz. Sheikh Mukhitiyar used to live in the nearby house. At nearabout 4.30 pm. of 20.12.2007 upon hearing the sound of gun fire, she reached to the house of Sheikh Mukhtiyar and saw that the accused who is wife of Sheikh Mukhitiyar was coming out of the house with a 12 bore gun in her hand and told that today she has fired the gunshot on her husband. She immediately rushed inside the house and saw that Sheikh Mukhitiyar was lying with a gunshot injury on his back. She along with Mohd. Shakir took the injured to the hospital where he was declared dead. A criminal case was registered under Crime No.465/2007 for the offence u/s. 302 of IPC and taken up for investigation. Statement of witnesses were recorded and after completing the usual investigation, challan for the charges u/s. 302 of IPC and u/s. 25(1)(b) read with Section 27 of Arms Act was filed before the competent Court.

(3.) The appellant accused pleaded that the complainant viz. Shabnam with an intention to grab the property of her husband, has falsely implicated her in this case. She abjured the guilt and pleaded for trial.