(1.) This appeal has been preferred against judgment and order of sentence dated 17.12.2010 passed by the Court of learned Additional Sessions Judge, Faridabad, vide which he had convicted accused-Kusum for an offence under Section 302 of the Indian Penal Code ("IPC"-for short) and sentenced her to undergo rigorous imprisonment for life and to pay a fine of Rs. 5,000/- and in default of payment of fine, to undergo further rigorous imprisonment for a period of one year.
(2.) The accused-convict, who is appellant before this Court prays that the appeal filed by her be accepted, the impugned judgment of conviction and order of sentence be set aside and she be acquitted of the charge framed against her.
(3.) Briefly stated, the prosecution story is that complainant Durbal Ram son of Meghu Ram resident of Village Damodarpur, Police Station, Mubarakpur, District Azamgarh, U.P., aged about 56 years, a labourer by avocation had three sons and a daughter, one of his sons namely Ramjit aged about 25 years was married with accused-Kusum daughter of Devki Parshad, resident of village Maharajpur, Police Station Kandarapur, District Azamgarh about six years prior to the incident. The couple had been residing in accommodation at Sector 27, but had shifted to another rented accommodation in Kaviraj Colony, Mewla Maharajpur 7/8 days prior to occurrence. There used to remain quarrel between husband and wife and for that reason the earlier landlord had got the tenanted premises vacated.