GANGA DEVI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The appellant has laid challenge to her conviction and sentence passed by the learned trial Court in Sessions trial No. 53 of 2008 for the offence punishable under Sec. 302 Indian Penal Code.

(2.) Precisely, case of the prosecution has been that on 17.8.2008 at about 8.30 am Shama Devi met police party headed by PW20 ASI Madan Lal and got recorded her statement Ext. PW9/A that on the previous day, she had visited her parental place to tie rakhi to her brother PW2 Karam Chand. On 17.8.2008 at about 8.30 a.m., Karam Chand had left for his work whereas her mother Beasa Devi went towards the side of Chandesh for cutting grass. Around 11 a.m.; the complainant after freeing herself from ablatitious of her two children and herself, tried to find out Beasa Devi, who by then should have returned. While passing through the fields at Gaharu, she saw her dead body in paddy fields of her uncle Laturia Ram and noticed bleeding injuries on her head, nose and ear. On the way she had come across the appellant hereinafter referred to as ‘‘the accused " running uphill and was out of breath, but she did not exchange any conversation with her because of previous dispute which had caused bitter and inimical relations. She suspected hand of the accused in committing the crime. Her statement culminated into FIR Ext. PY.

(3.) Police swung into motion, visited the spot, prepared the inquest papers Ext. PW20/C and the dead body was sent for autopsy.