STATE OF H.P. Vs. KRISHNA DEVI

JUDGEMENT

(1.) THE respondent herein, Krishna Devi, was tried by the learned Sessions Judge, Sirmour District at Nahan, H.P. for the offence under Section 302 I.P.C. However, the trial ended in conviction for a lesser offence under Section 325 I.P.C. Consequently, she was sentenced to undergo rigorous imprisonment for 2 years and to pay a fine of Rs. 1000/. As per default clause, further rigorous imprisonment for 3 months was also imposed.

(2.) BEING aggrieved by and dissatisfied with acquittal of the respondent for the graver offence under Section 302 I.P.C., the State is in appeal under Section 378(3) of the Code of Criminal Procedure, 1973.

(3.) ON the fateful day, 02.08.1996, PW2 Smt. Naino Devi had brought one kg Desi Ghee, which she intended to give to her brother Man Singh and cousin Mohinder Singh in equal measure. In the morning of 03.08.1996 when Smt. Naino Devi came to the house of Man Singh, he and his wife Krishna Devi (respondent) were not present there. In the meantime, Mohinder Singh also happened to come there. At this juncture, Smt. Naino Devi is said to have given half kg Desi Ghee to Mohinder Singh in a lota (a round shaped brass vessel). At that time they were sitting in the kitchen of the respondent, who in the meantime happened to arrive there. On seeing Smt. Naino Devi and Mohinder Singh, she started hurling abuses at them saying that as to why they had come to her house. On this, both of them, that is, Smt. Naino Devi and Mohinder Singh got up and started coming out of the kitchen. However, the respondent took up a piece of pine fuel wood lying near the Chulha (hearth) and hit Mohinder Singh with the same on his head and he fell on the ground. At the same time, the respondent ran away from the spot. The alarm raised by Smt. Naino Devi attracted witnesses Devinder Singh and Durga Singh to the spot. On the statement of Smt. Naino Devi Ex. PC under Section 154 Cr.P.C., formal FIR for the offence under Section 302 I.P.C. was registered against the respondent at Police Station Rajgarh. The autopsy carried out on the dead body of the deceased revealed that he had died due to the head injury.