LADU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE question involved in this appeal is a short one as has been canvassed by the learned Counsel for the appellant before us. Therefore; we need not state the facts of the case at length. The only question urged before us is about the nature of the offence.

(2.) BRIEFLY stated the facts are that the appellant Smt. Ladu was the wife of the accused Jassa. The relations between this couple and (he parents of Jassa do not appear to be happy and, therefore, they Were living in a separate house. In the night between 21st and, 22nd of March, 1980 it appears that there arose some quarrel between this couple. The daughter of the couple was weeping and Jassa had asked Ladu to, make her quite but Ladu, on the other hand, had asked to Jassa take the daughter. Jassa did not oblige Ladu whereupon she got angry and took an iron rod lying in the room and gave blows on the head of Jassa who was at that time lying on the cot. Jassa succumbed to the injuries received by him. Thereupon Smt. Ladu started raising hue and cry attracted Poonja, PW 4 cousin of the deceased, Khatra PW 2, father of the deceased and Bhati PW; 3, brother of the deceased. When they reached Jassa's house and found Smt. Ladu -weeping, they made enquiries from Mala PW 4 who is the son of Jassa. Mala told them that his mother had inflicted the blows on his father. Then they were also told by Smt. Ladu herself about the quarrel referred to above and admitted that she had inflicted the blows in a sudden fit of anger. On this Poonja lodged a report of this incident at Police Station, Dhambola, at 6.00 PM on 22nd of March, 1980. The police station being 28 Kms. away from the place of occurrence namely Dukatala. After usual investigation the police put up a challan for the offence under Section 302 IPC against Smt. Ladu. She was committed to the Court of the Sessions where she pleaded not guilty but on trial she has been found guilty under Section 302 IPC and sentenced to imprisonment for life and a fine of Rs - 100/ - by the learned Sessions Judge, Dungarpur by his judgment dated 30th of August, 1980. Aggrieved of this Smt. Ladu has come up in appeal.

(3.) AS already stated above the only contention raised before us by the learned Counsel for the appellant is that in the circumstances of the case the offence does not fall under Section 302 IPC but must fall only under Section 304, Part -II. IPC. He does not dispute the fact that it was Smt. Ladu who had given blows with an iron rod on the head of her husband Jassa and that he died on account of the injuries so inflicted. What he contends is that it was not the intention of the appellant to cause death of her husband and she can only be imputed with the knowledge that the injuries caused by her may result in death of her husband. On a careful consideration of the material on record we are unable to accept this contention and we are clearly of the opinion that the learned Sessions Judge was correct in convicting the appellant under Section 302, IPC.