UNPA Vs. STATE OF H.P.

JUDGEMENT

(1.) This appeal is instituted against the judgment dated 8.7.2014, rendered by the learned Sessions Judge, Kinnaur Sessions Division at Rampur Bushahr, Distt. Shimla, H.P. in Sessions Trial No. 0100032/2012, whereby the appellant -accused (hereinafter referred to as accused), who was charged with and tried for offences punishable under Ss. 302 & 309 IPC, has been convicted and sentenced to imprisonment for life and fine of Rs. 10,000/ - and in default of payment of fine to further undergo simple imprisonment for three months under Sec. 302 IPC. She was also convicted and sentenced to undergo simple imprisonment for one year for the offence punishable under Sec. 309 IPC and fine of Rs. 1000/ -. In default of payment of fine she was further sentenced to undergo simple imprisonment for a period of one month.

(2.) The case of the prosecution, in a nut shell, is that Smt. Shiksha was residing in the backyard of the house of in -laws of accused. She was attending to the daily chores. On 22.6.2012, Raju, a Nepali labourer, came rushing and on inquiring about her husband Sh. Naresh Mukhiyan informed her that something unusual had happened. She heard cries and commotion emanating from a nearby house. She also left her work and ran towards the house of Navjeet, the husband of accused. On reaching she found Unpa accused unconscious and vomiting. Anil Dharma, a relative of the family was taking her towards road by lifting. On his asking for help, Smt. Shiksha and Anil Dharma ferried the accused upto vehicle HP -06A -2557 and made her to sit in it. During this period, Smt. Shiksha was told by Anil Dharma that accused had taken fungicide and also administered it to Gudiya Smt. Narvada and Prem Shyam were already sitting in the said vehicle and besides them Gudiya wrapped in a cloth, was in the lap of Smt. Narvada. She was also unconscious. They were being taken to CHC Kotgarh, for treatment in the vehicle driven by Sh. Anil Dharma. Sh. Anil Dharma was driving the vehicle fast under mental stress. When the vehicle reached Majehwati nullah, it went off the road and fell into a deep gorge. Sh. Anil Dharma died on the spot and other occupants received injuries. It was also noticed at that time that Gudiya also died. The injured were shifted to CHC Kotgarh and from there they were shifted to IGMC Shimla. The statement of Smt. Shiksha was recorded under Sec. 154 Cr.P.C. FIR was registered with Police Station Kumarsain. On completion of the investigation, challan was put up after completing all the codal formalities.

(3.) The prosecution, in order to prove its case, has examined as many as 14 witnesses. The accused was also examined under Sec. 313 Cr.P.C. She admitted that she is resident of Jarol and houses of Smt. Shiksha and Narvada are situated nearby her house. She has also admitted that on 22.6.2012, at about 9:15 AM, she was vomiting and on seeing that Prem Shyam loudly made a call to Smt. Narvada and asked her to come to her house. She took the poisonous substance under the impression that it was a cough syrup since there were many bottles with similar appearance in their house. She mistakenly consumed that substance as a cough syrup. The child was on breast feeding and she was also vomiting on the bed. The learned trial Court convicted and sentenced the accused, as noticed hereinabove. Hence, this appeal.