PUSHPA DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant criminal appeal under Sec. 374 (2) of the Code of Criminal Procedure, 1973 has been preferred on behalf of the accusedappellant, namely Smt. Pushpa Devi wife of Shri Mahaveer Singh, assailing the impugned judgment of conviction and the order of sentence dtd. 31/3/2016 passed by the Court of learned Additional District & Sessions Judge, No.3, Bharatpur, (for short 'the trial Court'), in Sessions Case No.124-A/2012, whereby the appellant-accused, vide a separate order of even date, was convicted for commission of offence punishable under Sec. 302 of Indian Penal Code and sentenced to undergo life imprisonment with a fine of Rs.50,000.00 and in default of payment of fine, to further undergo six months of rigorous imprisonment.

(2.) The brief facts giving rise to this appeal are as follows :- Complainant - Ravindra (PW-3) had submitted a writtenreport (Exhibit-P/2) to the S.H.O. Police Station, Kumher, District Bharatpur alleging therein that on 19/2/2012 his father Kishan Singh had gone to the house of Mahaveer Singh to recover the loan amount of Rs.1,50,000.00 but did not return and on 20/2/2012 in the morning he was informed through mobile cell by Pushpa wife of Mahaveer Singh that she and her son tried to wake up his father to give him a cup of tea but he was found unconscious, so he should come immediately. Upon this information, he alongwith Ashok reached to the house of Mahaveer and found his father dead on the first floor of the house. Gajendra and Pushpa were standing near the bed where the dead-body of Kishan Singh was lying. He informed the Police about the alleged incident. He further stated that Pushpa, Gajendra and others hatched a conspiracy and murdered his father.

(3.) On the aforesaid information, an F.I.R. bearing registration No.65/2012 (Exhibit P-14) was lodged at Police Station Kumher, District Bharatpur for commission of offence punishable under Sec. 302 of I.P.C. After completion of investigation, Police presented the chargesheet against the accused persons. Charge was framed by the learned trial Court for commission of offence punishable under Sec. 302 of I.P.C. against the accused-appellant. She pleaded not guilty to the charge and claimed trial.