AMINA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal under Section 374 of the Code of Criminal Procedure, 1973 is directed by Mst. Amina W/o of Mohd. Ismile, at present in District Jail, Sikar, against the judgment of conviction and order of sentence dated 19th of September, 1995 of the Additional Sessions Judge, Sikar, in Session case No. (12/1995) 09/1995. The Additional Sessions Judge, Sikar under his judgment of conviction and order of sentence convicting the accused appellant for the offence punishable under Section 302 of the Indian Penal Code and sentenced her to life imprisonment with a fine of Rs. 1,000.00, in default of payment thereof she has to undergo further six months rigorous imprisonment.

(2.) The prosecution case is that the deceased Mst. -arina gave a 'Parcha Bayan' Ex.P.5 on 19th of September, 1994 to Shri Mahendra Singh, Dy. S. P. Sikar (P.W. 9) at Shri Kalyan Hospital, Sikar in FSW Bed No. 21 at 9-40 am. On the basis of this 'Parcha Bayan' Ex.P.5 of Mst. -arina First Information Report Ex. P.13 chalked out and case No. 438/94 was registered at Police Station, Kotwali, Sikar against the accused-appellant under Sections 307 and 498-A, IPC.

(3.) As per the case of prosecution, Mst. -arina was married in her early age. From last 7-8 years she was coming to the house of her in laws. She was having a daughter aged 4-5 years, whose name is Anisa. Her husband was out of India from last one year. She was living in her parent's house for last two years as her husband Abdul Rahim and her mother in law Mst. Amina (accused appellant) used to give her beating. Before five days of this incident her father-in-law Mohd. Ismile brought her to in-laws house. Her father-in-law was not giving any beating to her.