HUKI & ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The accused appellant Smt. Huki and one Soma were charged for the offence under Sec. 302 Penal Code or Sec. 302/34 Penal Code to the effect that on 29.5.89 in the night in Padla Handliyan, they killed Dungar (husband of accused appellant Mst. Huki) by strangulation. On their pleading not guilty, the prosecution during the trial before the learned Distt. and Sessions Judge, Dungarpur, examined eight witnesses. They are PW 1 Punja, PW 2 Dungar, PW 3 Kanji, PW 4 Mangla, PW 5 Kachru, PW 6 Moti, PW 7 Dr. Mustaq Ali and PW 8 Rajendra Singh. The accused appellant and her said co-accused in their statements have denied the prosecution evidence and stated themselves to be innocent. The appellant in her statement recorded under Sec. 313 Cr.P.C stated that during the night, she and her husband (deceased) were sleeping in the house and her two child (minor) daughters were also sleeping there; that all of a sudden, the deceased became indisposed and stopped speaking; that he fell down on a cot with his head and neck coming in between the strings of the cot and that she became panicky and woke up her daughters to call the father of the deceased.

(2.) No witness has been examined in her defence.

(3.) After hearing both the sides, the learned trial court vide its judgment dated 31.1.91 acquitted Soma but convicted the appellant for the offence under Sec. 302 Penal Code and sentenced her to life imprisonment and a fine of Rs. fifty. Against this conviction and sentence, this appeal has been preferred.