SMT. INDIRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant Smt. Indira, has filed this appeal, being aggrieved against the judgment and order dated 16.7.1994, passed by the learned Additional Sessions Judge, Beawar in Case No. 29/93 whereby she was convicted under Sec. 302 Penal Code and sentenced to suffer life imprisonment and pay a fine of Rs. 1,000.00. In default of payment of fine she was further awarded two months imprisonment.

(2.) The facts of the case have been set out in the judgment of the trial court. Though detailed facts are not needed to be given for deciding the present appeal, but the facts indicate that at about 6.30 p.m. on May 1, 1993 when deceased Trilok Singh, after solemnisation of his marriage with the daughter of Prem Singh was going with his bride to his house, the appellant snatched the sword from his hand and inflicted on injury on his left ear Trilok Singh was shifted to the Hospital at Bheem but before he could received medical treatment he died in the same night. The report of the incident was made by PW 1 Dau Singh to the SHO Tatgarh, who happened to be in the Hospital at tnat time. On this report, Crime under section 302 Penal Code was registered. During investigation, the post-mortem of the dead-body was conducted by Dr. Ashok Kumar Gupta (PW 12) on 1993. He found following injury on the dead-body.

(3.) "Incised wound bleeding 4 x 4"x muscle deep with external carotid vessels obliquely cut and the internal carotid cut down obliquely, left cheek and left side neck."