STATE OF H.P. Vs. KAUSHALYA DEVI

JUDGEMENT

(1.) This appeal arises out of the judgment of Sessions Judge, Kangra in Sessions case No. 3 of 1979, Session Trial No. 4 of 1979, decided on August 4, 1980. The accused has been acquitted for an offence under Sec. 302 of the Indian Penal Code, and the State has moved this appeal against this acquittal.

(2.) Briefly, the prosecution case is that deceased Badri Ram (80) lived in village Karu. He was given beatings by the accused, who is his wife. The allegation is that on 9 -9 -1978, during day time, the accused and the deceased had a quarrel and the deceased was given beatings inside the room. Thereafter, he ran away towards a "DANGA" that was there at a short distance and the accused pushed him down the place. Thereafter, a stone was thrown at him which hit the deceased in the head. He died during the night.

(3.) This matter was reported to the police by Krishan Datt through report Ext. PW -2/A, and First Information Report was accordingly registered and the Police started investigation.