VIDHYA DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been filed by the accused appellant from jail aggrieved from the judgment and order dated 9-10-2002 passed by the learned Addl. Sessions Judge (Fast Track), Bhilwara in Sessions Case No. 51/2001 by which he convicted the accused appellant for the offence under Section 302, 207 and 324 IPC and sentenced her in the following manner: <FRM>JUDGEMENT_2332_CRLJ_2004Html1.htm</FRM> All the above substantive sentences were ordered to run concurrently.

(2.) It may be stated here that this Court vide order dated 8-12-2003 appointed Shri Pradeep Choudhary, Advocate as Amicus Curiae to assist the Court and he has argued the case on behalf of the accused appellant.

(3.) It arises in the following circumstances: On 18-2-1996 at about 3.45 p.m. PW1 Debilal lodged an oral report (Ex. P/l) with the Police Station Hamirgarh District Bhilwara before PW10 Bahadur Singh, who was at that time SHO of that Police Station stating inter alia that on 18-2-1996. at about 2.30 pm when he was in his house, he heard the cries of Magni, wife of Gulab to the effect "Maro-Maro" and upon this, he rushed towards the house of Man Singh (hereinafter referred to as "the deceased") and saw that the accused appellant Vidhya Devi wife of deceased Man Singh was having kulhari in her hand and she was giving kulhari blow on the head and neck of deceased, as a result of which blood came out and thereafter, after taking 2-3 hiccups, deceased died on the spot. It was further stated in the report Ex. P/1 by PW 1 Debilal that the kulhari from the hands of the accused appellant was snatched by him and PW 5 Smt. Alol with some difficulty and at that time, the accused appellant was very much furious and violent and therefore, she was caught hold with difficulty and her hands were tied after putting them back and thereafter, he rushed towards the police and lodged the report. On motive, it was stated in the report Ex. P/1 that the accused appellant might have domestic quarrel with the deceased and, therefore, for that, she had killed her husband deceased and when her mother-in-law Magni intervened, she was also given kulhari blow by the accused appellant. It was further stated in the report Ex. P/1 that had the accused appellant would have not been controlled, she would have also killed her mother-in-law Magni. The said report was reduced to writing by PW10 Bahadur Singh in the shape of Ex. P/1 and regular FIR Ex. P/14 was chalked out and investigation was started. During investigation, Ex. P/2 site plan was got prepared and through arrest memo Ex. P/15 the accused appellant was got arrested on 19-2-1996 and on the information of the accused appellant Ex. P/8, kulhari was got recovered and seized through fard Ex. P/9. The post mortem of the dead body of the deceased was got conducted by PW 6 Dr. A. K. Mathur and the post mortem report is Ex. P/ 10B where it was opined that the deceased died of haemorrhagic shock due to multiple injuries and injury to brain. During investigation, Magni was also got medical by examined by PW6 Dr. A. K. Mathur and her injury report is Ex. P/11, which shows that she received three simple injuries. After usual investigation, police submitted challan for the offence under Sections 302, 307, 324, 323 IPC against the accused appellant in the Court of Addl. Chief Judicial Magistrate, Bhilwara on 26-4-1996 and from where, the case was committed to the Court of Session on 3-3-1999. On 18-4-2002, the learned Addl. Sessions Judge (Fast Track), Bhilwara framed the charges for the offence under Sections 302, 307 and 324 IPC against the accused appellant. The charges were read over and explained to the accused appellant, who pleaded not guilty and claimed trial. During trial, the prosecution got examined as many as 10 witnesses and exhibited several documents. Thereafter, the statement of the accused appellant under Section 313 Cr. P.C. was recorded. No evidence was led by the accused appellant in defence. After conclusion of trial, the learned Addl. Sessions Judge (Fast Track), Bhilwara through judgment and order dated 9-10-2002 convicted the accused appellant for the offence under Sections 302, 307 and 324 IPC and sentenced her in the manner as stated above holding inter-alia :