AMAR SARAN J. - (1.) THIS Criminal Appeal arises from a judgement and order dated 6.4.2004 passed by the Additional District and Sessions Judge, Kaushambi convicting and sentencing the appellant Smt. Gujrati alias Seema to imprisonment for life under section 302 IPC and a fine of Rs. 20,000/- and in default she was further sentenced to one year RI.
(2.) HEARD Shri Swetashwa Agrawal, learned Amicus Curiae for the appellant and Shri V.K. Mishra, learned AGA for the State. In brief the facts of the case are that an FIR was lodged by Bankey Lal, father of the deceased Deena Nath at 7.45 a.m. on 30.4.2002 in the police station Sarai Akil with the allegations that on the previous night, i.e. 29/30.4.2002 at 3.00 a.m. the appellant Gujrati alias Seema, who was the wife of the deceased Deena Nath assaulted him with a "Gandasa" in their house in village Kotia. It was further mentioned in the FIR that the relations between Deena Nath and Gujrati alias Seema were strained as Gujrati used to accuse Deena Nath of having illicit relations with his elder daughter Sushila. On the night in question, there was a quarrel between these two and again she raised the usual charge of the illicit relations of the deceased with his daughter and the deceased had gone off to sleep without eating his food. At 3.00 a.m. on 30.4.2002 several gandasa blows were given by the appellant to the deceased on his neck, which their daughter Guddi, PW 1 tried to prevent, but the appellant ran away after assaulting her husband. A Dibri was the source of light. After the information was received from Guddi, the informant Bankey Lal, PW 2 who was her grand father came to the house of the deceased and saw the corpse of his son lying there. Ram Lakhan, the younger brother of the informant is also said to have seen the appellant running away after committing the murder.
(3.) THE investigating officer, PW 6, SI Arun Pradeep Shukla commenced the investigation of this case and conducted the inquest on the dead body of Deen Nath and sent it for post-mortem. He also prepared the site plan and recorded the statements of the witnesses under section 161 Cr.P.C. and thereafter submitted the charge sheet under section 302 IPC against the appellant.;