SUMITRA DEVI Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellant, learned Amicus Curiae for the appellant and learned APP for the State on this Criminal Appeal.

(2.) This criminal appeal has been preferred against the judgment and order of conviction dated 23.01.2013 and order of sentence dated 30.01.2013 passed by learned 9th Additional Sessions Judge, Muzaffarpur in Sessions Trial no. 255 of 2007/19 of 2012 arising out of Paroo P.S. Case No. 164 of 2006 whereby the learned trial court convicted the accused Sumitra Devi for the offence punishable under Sections 304(ii) of the Indian Penal Code and sentenced her to undergo R.I. for five years under the aforesaid Section.

(3.) The factual matrix of the case is that Paroo P.S. Case No. 164 of 2006 was instituted under Section 302 of the Indian Penal Code against accused Sumitra Devi on the basis of fardbeyan of Janki Devi W/o Late Jhagru Thakur recorded by S.I., Asrar Ahmad O/c P.S. Paroo on dated 28.10.2006 at around 9:30 AM on the door of the informant with the allegation, in succinct that on 28.10.2006 at around 08:00 AM, while her husband was regressing from the orchard of banana, on the way Sumitra Devi met him near the latrine room, her husband asked Sumitra Devi to remove the straw of maize kept on the tank of the aforesaid latrine room, whereupon Sumitra Devi started slating him. On forbidding by her husband, she started assaulting him by means of fists and butt of the khurpi. Her son, namely, Rakesh Thakur tried to intervene the occurrence, in the meanwhile, Sumitra Devi pulled down the scrotum of her husband, resultantly, her husband fell down on the ground and succumbed to his injury.