- (1.) Smt. Tripta w/o Sheo Karan is the appellant before us. Both the wife and the husband were tried for the offence punishable under Section 302 read with Section 34, IPC and convicted and sentenced to imprisonment for life by the learned Additional Sessions Judge, Narnaul. The appeal filed by them was dismissed by the High Court.
(2.) The special leave petition was dismissed as against Sheo Karan. Leave was granted in respect of the appellant and she was released on bail.
(3.) The prosecution case is as follows: Sheo Karan and deceased Sardara were real brothers. Their father Har Lal used to live with deceased Sardara and in consideration of the services rendered to him by Sardara's sons, Har Lal parted with his land in favour of his grand sons namely the sons of Sardara. Sheo Karan was aggrieved with this conduct of Har Lal and Sardara. A Civil Suit was also filed and compromise was arrived at. On 18th July, 1978, Har Lal, Sardara and Pat Ram (son of Sardara) aged about 11 years were lying on cots in a room of the house of Har Lal. It is alleged that Sheo Karan armed with a wooden stick and his wife Tripta armed with a gandasa proceeded to the room where Har Lal, Sardara and Pat Ram were lying. PW 14 wife of Sardara and her son PW 15 seeing these accused going towards the room they also followed. The accused Sheo Karan having entered the room questioned Har Lal as to why he had transferred his land in favour of the sons of Sardara to which Har Lal replied as they were serving him so he parted the land in their favour. This provoked Sheo Karan and in a fit of anger he gave two stick blows on the head of Har Lal, who fell down. Sardara and Pat Ram tried to intervene and helped Har Lal by raising an alarm. At this juncture, it is alleged that the appellant gave a blow with a gandasa on the left side of the face of Sardara and Sheo Karan gave two blows with the wooden stick on his hand and he caught hold of Pat Ram from the neck and also gave him a stick blow on his head. He fell down and became unconscious. The people gathered at the scene of occurrence and the appellant run away. The injured persons, namely, Har Lal, Sardara and Pat Ram were removed in a tractor trolly to the Primary Health Centre. Pat Ram succumbed to the injuries on the way. Har Lal and deceased Sardara were treated for the injuries. On Sardara the doctor found an incised wound from left angle of the mouth and two lacerated wounds on the scalp.;