DURGA DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Learned Sessions Judge, Churu has convicted appellant Smt. Durga Devi for offence under S. 302, I.P.C. and has sentenced her to imprisonment for life and to pay a fine of Rs. 100.00 by his judgment dated 7-9-1987 in Sessions Case No. 44/1985. Aggrieved, Smt. Durga Devi has come in appeal.

(2.) Briefly stated, the prosecution story is that the appellant was married to deceased Dhuda Ram and was living at village Kaiu with her husband. Her husband's father P.W. 2 Bhagwanta Ram and mother Smt. Mooli (P.W. 1) were also residing with the couple. On 19-8-1985, Smt. Durga Devi appellant had gone to her field. She returned in the evening from the field. Dhuda Ram was also away from the house and he also returned some time later. After taking his meals Dhuda Ram went to sleep in the chowk behind the "Saal" of the house. Appellant remained busy with house-hold chores for some time, and thereafter, she also went to the chowk, where her husband was sleeping and slept with her husband. The prosecution story is that Bhagwanta Ram was sleeping on the chowki of his house while Bhagwanta Ram's wife Smt. Mooli was sleeping in the court-yard along with other children. It was a dark night. At about mid-night Bhagwanta Ram heard his son Dhuda Ram crying "Mare-Mare". At this Bhagwanta Ram went to the place where his son Dhuda Ram was sleeping. He saw appellant with a spade in her hand and further witnesses appellant striking two blows to Dhuda Ram. The prosecution story is that the cries of Dhudu Ram also attracted Smt. Mooli to the place, where the couple had been sleeping. Smt. Mooli took a lantern with her and when she reached chowk, she saw appellant dealing one spade blow on the right side of the face of Dhuda Ram. It is alleged that thereafter Smt. Durga Devi left the spade at the scene of occurrence and went to a "Jhopda" in the house. Bhagwanta Ram raised an alaram about the incident and went to Shera Ram (P.W. 4) the same night. He informed Shera Ram that appellant had killed his son Dhuda Ram. On being informed of this incident, Shera Ram first of all went to the house of Bhagwanta Ram, where he saw Dhuda Ram breathing his last. He also found a spade lying near the cot on which Dhuda Ram was lying. Shera Ram went to summon Sanwanta Ram, Samurdra Singh, Udai Singh (P.W. 8) and Bhinya Ram (P.W. 3).

(3.) The prosecution story is that the appellant made an extra judicial confession of this incident the same night in presence of P.W. 3 Bhinya Ram, P.W. 4 Shera Ram, P.W. 5 Narayan Ram and P.W. 8 Udai Singh.