BUDHI DEVI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The appellant has challenged her conviction, passed by the learned trial Court, vide its judgment dated 30th October, 2006, under Section 302 of the Indian Penal Code, for causing the murder of Shri Amar Singh (25), whereby she was sentenced to undergo imprisonment for life and to pay a fine of Rs.5,000/-, in default of payment of fine to further undergo imprisonment for a period of one year. Whether the reporters of Local Papers may be allowed to see the judgment Yes.

(2.) In short, the prosecution case can be stated thus. On 14th January, 2005, Amar Singh (deceased) visited the house of PW-2 Room Singh in village Sharan-Aage and requested him to accompany him to his house. After seeking the permission from his father, Room Singh (18) accompanied Amar Singh. On the way, they came across the house of appellant Budhi Devi. At that time, she was sitting in the verandah of her house. It was the day of "Maghi Sankranti". Appellant asked them as to why Amar Singh was not offering 'Joob'1. On this, Amar Singh approached Budhi Devi followed by PW-2 Room Singh to offer 'Joob' to her. As soon as Amar Singh entered her verandah opposite her kitchen she dealt a blow on the head with small axe, which she was holding in her hand. Consequently, he fell down. Seeing this, Room Singh ran away from the spot and informed mother of the deceased PW-4 Aila Dassi, about the said incident. She alongwith Room Singh came to the scene of occurrence. They saw the dead body lying in the verandah in the pool of blood with injuries on the head. Thereafter Aila Dassi came back and made a telephonic call to her son-in-law PW-1 Hem Raj and asked him to reach her house. Immediately Hem 1 'Joob' is a customary weed which is generally offered during religious festivals or an auspicious day to each other in the village community in some of the areas of Himachal Pradesh including Kullu.

(3.) Raj alongwith his wife visited village Sharan-Aage. Aila Dassi narrated the entire incident to him. She took him to the spot. PW-1 Hem Raj tried to contact Pradhan, but he could not locate him. Thereafter he went to the Ward Panch and took him along to the Police Station and lodged the FIR Ext.PA. The police party headed by PW-11 Inspector SHO Badri Singh visited the spot, took the photographs of the body and prepared the site plan. The police collected the vomittance and the blood of the deceased and sealed in the separate vials. The inquest report was prepared. The police searched for the appellant. She was found sitting with the axe (Ext.P-1) in a corner of her cowshed in the ground floor of her house. The axe was blood-stained.PW-2 Room Singh identified the appellant and the axe. It was taken into possession in the presence of the witnesses. The appellant was arrested.