SUMITRA DEVI Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2013-10-31
HIGH COURT OF UTTARAKHAND
Decided on October 25,2013

SMT. SUMITRA DEVI Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

Servesh Kumar Gupta, J. - (1.) BOTH the above -captioned appeals have been preferred by the appellant Smt. Sumitra Devi; one from the Jail and the other on her behalf. Therefore, both are being decided by this judgment. Smt. Sumitra Devi, the convict u/s. 302 IPC, has challenged the judgment and order dated 11.01.2011 rendered by the Sessions Judge, Tehri Garhwal in Sessions Trial No. 10 of 2010 titled as 'State v. Sumitra Devi' (crime No. 2/2009 at Revenue Police Laluri, District Tehri Garhwal). The said trial resulted into the conviction of the said offence, wherefore she has appropriately been sentenced.
(2.) IT is pertinent to mention here that the appellant is in prison ever -since the date of her arrest soon after occurrence. Appellant is the first wife of Padam Lal @ Pushya. He (Padam Lal), during subsistence of his first marriage with the appellant, entered into a second wedlock with complainant Geeta Devi. The first information report was lodged on 18.11.2009, wherein the informant averred that on 16.11.2009 at about 8 -9 AM, while she was in her parental house, appellant Sumitra Devi reached there along with Padam Lal. The reporter further states that since she was blessed with a son about a month ago, so she was living in her parental house along with her sister Guddi Devi. Thus, at the time of occurrence, complainant, along with her infant son, besides sister Guddi, was present in the house. It was further averred that at the relevant point of time, appellant Sumitra, in connivance with Padam Lal, entered the complainant's house, picked up her child from inside the room and threw him on the roof of adjacent school. Not only this, appellant again picked up the child from there and threw him down on the road, with the result, the child died at the spot itself. After the incident, appellant and Padam Lal escaped from the spot. With the same averments, the FIR (Ex. Ka -2) was lodged. Chick report thereof is Ex. Ka -3. Investigation was conducted by the revenue police which culminated into submission of charge -sheet (Ex. Ka -6) only against the appellant Sumitra Devi.
(3.) ON 06.05.2010, learned Sessions Judge, Tehri Garhwal levelled the charges against the appellant/accused under Sections 302, 323 and 506 (Part -II) IPC, to which, she abjured her guilt and claimed trial.;


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