SHARIFAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellant Smt. Sharifan having been convicted vide judgment dated 1.4.1989 before the Court of Additional Sessions Judge, Chittorgarh-for the offence of Section 307 I.P.C. and sentenced to 4 years rigorous imprisonment with fine of Rs. 500/-, in default of payment of fine to undergo one year R.I., challenging his conviction and sentence has preferred this appeal.

(2.) Heard learned counsel for the appellant and also learned Public Prosecutor.

(3.) Prosecution averments are like that on 12.7.1987 in morning a letter Ex.P-1 of Medical Superintendent, Rajasthan Atomic Power Station Hospital Rawatbhata received at P.S. Rawatbhata informing that a patient Smt. Hasina Bano W/o Abdul Mazid is admitted in hospital at 7.45 AM with deep incised wound on neck. S.H.O. PW-3 making his endorsement on it, handed over the matter for inquiry to S.I. PW-4 who submitted his report Ex.P-5 on 16.7.1987 with statement of injured Smt. Hasina Ex.P-8. Also mentioned in the report Ex.P-5 is that on 12.7.1987 when S.I; reached hospital Smt. Hasina was unconscious and he going back on 16.7.1987 had recorded the statement. Smt. Hasina averred that she is married to Abdul Majid for 18 months and living at Rawatbhata with her husband, father-in-law, mother-in-law Smt. Sharifan and also daughter of sister-in-law. She went to own village on delivery but child born dead one and after her coming back, her mother-in-law, father-in-law, brother-in-law and daughter of sister-in-law all started and continued abusing and beating her. Mst. Hasina stated that her vision is hampered so for domestic work and like things, was subjected even to beating. Alleged that on Thursday morning, mother-in-law Sharifan asked her for domestic work but she in ill health having stomach pain told for doing some time later and after little time eating some 2-3 days earlier made bread, began household work and cleaning utensils, but Sharifan did not allow and beat her kept sitting out and then in evening husband came inciting him for beating but husband did not respond. On Friday, she was asked by Mst. Sharifan to clean wheat and told her husband for attending afterwards because of eye trouble, she was beaten by husband, mother-in-law and father-in-law and did not provide food. Even on Saturday, continuously abused by daughter of sister-in-law and brother-in-law for whole day and provided nothing to eat. Smt. Hasina asserted that on Sunday morning at about 5 AM when she was sleeping and husband was away on duty, came father-in-law who kicking her and asking to wake up went away, then came mother-in-law Sharifan who abusing told as to why not waking up. Then as she stated of being hungry and severely indisposed, mother-in-law bringing a knife used for handling meat threatening her for making excuses and for killing her, inflicted blow of knife on neck so blood oozed out and she became unconscious, regained only in hospital.