SEWAKI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS judgment will dispose of Criminal Appeals Nos. 23 and 45 of 1980 since they arise out of the same incident. The former appeal is directed against the judgment of Shri R. K. Mahajan, Additional Sessions Judge, Mandi, convicting the appellant under Section 302 of the Indian Penal Code and sentencing her to imprisonment for life. The latter is the State's appeal against the acquittal of Thakur Singh who was a co-accused with Sewaki.

(2.) KALAWATI (deceased) was married to one Bahadur Singh. During the three years of her marriage no child was born to her. It is alleged by the prosecution that she had not brought enough dowry and there used to be frequent quarrels between Kalawati and her mother-in-law, Sewaki appellant, and others. Kalawati used to reside in the village with her mother-in-law Sewaki, and Kali Devi and Kantar Devi, daughters of Sewaki. Bahadur Singh and his father Hari Singh were employed in Mandi and they used to reside there, off and on Bahadur Singh used to visit the village during vacation Thakur Singh younger brother of Bahadur Singh, however, used to live in the village.

(3.) IT is the case of the prosecution that on 4-10-1977, between 7 and 8 P. M, there was a quarrel between Kalawati and her mother-in-law, Sewaki appellant. The appellant is alleged to have throttled Kalawati to death. Thereafter the appellant told the village folk and her neighbours that Kalawati had died due to snake bite. Shrimati Mahantoo (P. W. 3) mother of Kalawati deceased, and Puran Chand (P. W. 7), brother of Mahantoo, who were living in other villages nearby, came to know of Kalawati's death on the morning of 5-10-1977. They rushed to the house of the appellant. They noticed that the dead body had been put in the verandah and had been covered with a chaddar. They questioned the appellant and others about the cause of death. They were told that a snake had bitten Kalawati and she died thereof. Shrimati Mahan too uncovered the dead body and on examination did not find any signs of snakebite. However, she noticed blood oozing out from the nostrils as well as mouth of Kalawati deceased. Puran also noticed this blood. Puran along with Chand (P. W. 2) went to the police station and lodged a report there. This was done at about 12 noon. The police arrived at the scene, took over the dead body, held an inquest and sent the dead body for post-mortem examination.