(1.) The appellant Smt. Prakash Kanwar, a lady aged 30 years at the time of trial, has been convicted for the offence under Section 302 and 328 IPC. However, Sheeshram, the co-accused of the appellant was acquitted of the charge for offence under Section 302 r/w Section 120-B and 115 IPC.
(2.) The trial court having convicted the appellant Prakash Kanwar by the impugned judgment dated 28.5.2004, vide a separate order of even date, had sentenced the appellant as under:-
(3.) The appellant Prakash Kanwar, was married with the complainant, Sumer Singh (PW-2) and out of their wedlock, two sons, namely Surendra Singh, aged 12 years and Narendra Singh aged 8 years, were born. On 28.6.2003, Sumer Singh (PW-2), submitted a written report, (Exhibit P/7), on the basis of which formal FIR (Exhibit P/8) was registered for the offence under Section 328 and 302 IPC. The written report (Exhibit P/7) when translated into English, reads as under:-