MANNA Vs. STATE OF HARYANA

JUDGEMENT

(1.) SMT . Manna appellant along with her son Suresh Kumar accused was brought to trial for the offence under Section 306, Indian Penal Code, before the Court of Session at Narnaul. Suresh Kumar was, however, acquitted of the charge. The learned Additional Sessions Judge, Narnaul, convicted Smt. Manna under Section 306, Indian Penal Code and sentenced her to two years; rigorous imprisonment and a fine of Rs. 500/- or in default to undergo further rigorous imprisonment for one month. She has challenged her conviction and sentence in this appeal.

(2.) THE prosecution case as unfold in the First Information Report and the evidence is that Sushila deceased, daughter of Birakh Bhan was married to Suresh Kumar of village Satnali. It is said that on 9th March, 1984 at about 11 a.m. Suresh Kumar went to Police Station, Satnali and made a statement which was recorded in the Daily Diary Register that at about 9 a.m., his wife Sushila had gone to take water from the Bakhtarwala well and she fell into that well and that this incident was seen by Amar Singh Thakur. The dead body of Sushila was taken out from the well. On receipt of this report, Sub Inspector Rajeshwar Kumar went to the said well, held inquest and sent the dead body of Sushila to the mortuary for autopsy. Dr. R.S. Chohan conducted autopsy on the dead body of Sushila on 9th March, 1984 at 4.15 p.m. and found seven injuries on her body as detailed in the post mortem report Ex.PC. Death was opined to be due to shock and haemorrhage as a result of multiple injuries to the lung, spleen and liver. The probable time that elapsed between injuries and death was stated to be instantaneous and between death and post mortem within 24 hours.

(3.) THE prosecution in order to establish its case examined the following witnesses.