CHHOTI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal appeal has been preferred against the judgment & order dated 19.05.1983 passed by learned Additional District & Sessions Judge, Gangapur City in Sessions Case No.70/1982 whereby appellant has been convicted and sentenced for offences as follows :-

(2.) Brief facts are that on 17.4.1982 a written report (Ex.P-3) was submitted by Ghasidya at Police Station Khareda to the effect that Mst. Chhoti Widow of Shri Ramji Lal along with her minor daughter jumped in the well of the village. On information Ratan Lal, Shiv Charan, Giriraj and Rameshwar went there and brought her and her daughter out of the well. Her daughter Ramkanya died at the spot. On this, an FIR No.120/1982 was registered at Police Station Gangapur City for offences u/s 309 and 302 of the Indian Penal Code. After investigation, police submitted challan against Mst. Chhoti.

(3.) Accused Mst. Chhoti was charged for the offences punishable u/s 302 and 309 of the Indian Penal Code. Accused appellant pleaded not guilty. Prosecution examined 10 witnesses and exhibited 10 documents. Statement of the appellant was recorded u/s 313 Cr. P. C. wherein the appellant stated that evidence adduced by the prosecution was false and she had been falsely implicated due to enmity. The accused appellant examined one witness in her defence.