SANTOSH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Having allegedly murdered her brother-in-law (dewar) Mahendra, having been convicted for offence under Section 302 IPC, having been sentenced to life imprisonment, and imposed with a fine of Rs.100/-, and directed to further undergo simple imprisonment of seven days, in default thereof, by the Additional Sessions Judge (Fast Track) No.2, Jhunjhunu, the appellant, Smt. Santosh Devi has approached this Court.

(2.) Briefly the facts of the case are that on 17.5.2004, Girdhari (P.W.1) submitted a written report before the SHO, Police Station, Nawalgarh wherein he claimed that today around 4 o'clock in the evening, I heard noises coming from the house of Indraj. He, Shyopal, Ramdeo and Mool Chand rushed from their houses to Indraj's house, where they saw that Indraj's wife, Smt. Santosh, was hitting her brother-in-law (dewar) with gandasi (a small axe). When they shouted, Santosh told them that Mahendra had fought with her and was trying to oust her from the village. Therefore, she had struck him with the gandasi while he was asleep. He noticed that Mahendra had expired. They arranged for a tractor to take the body to Nawalgarh.

(3.) On the basis of this written report, a formal FIR, namely FIR No.178/2004 (Ex.P/2) was chalked out for offence under Section 302 IPC. The police commenced the investigation.