U. S. Tripathi, J. - (1.) -This appeal from jail has been directed against the judgment and order dated 7.2.1996, passed by Smt. Sadhana Chaudhary, the then learned IVth Additional Sessions Judge, Etah, in Sessions Trial No. 302 of 1993 convicting the appellant under Section 302, I.P.C. and sentencing her to imprisonment for life and a fine of Rs. 1,000. In default of payment of fine she was further sentenced to undergo R.I. for a period six months.
(2.) THE prosecution story, briefly stated, was as under : "Smt. Bhagwati (45) deceased was the wife of Mulayam Singh. Mulayam Singh and Smt. Bhagwati had four sons, namely ; Ram Phal (P.W. 2), Ved Ram, Salik Ram alias Manik Ram (P.W. 1) and Tej Pal. Ram Phal (P.W. 2) was married with Smt. Beti (P.W. 3) and they had two sons Durgpal deceased aged about 5 years and Mohan Lal deceased aged about 3 years. Ved Ram was married with Smt. Savitri Devi appellant and they had a daughter aged about 3 years. Salik Ram alias Manik Ram (P.W. 1) and Tej Pal were unmarried. Ram Phal (P.W. 2) and Ved Ram were living separately with their family and Salik Ram (P.W. 1) and Tej Pal were living with their parents Mulayam Singh and Smt. Bhagwati deceased. Since Smt. Savitri Devi appellant had no male issue and Ram Phal had two sons, Smt. Savitri Devi was jealous of Ram Phal (P.W. 2) and Smt. Beti (P.W. 3). She was also suspecting that her husband Ved Ram had illicit connection with Smt. Beti (P.W. 3) and the sons born to her were begotten by him (Ved Ram). On the morning of 9.4.1993 Ram Phal (P.W. 2), his father Mulayam Singh and Ved Ram had gone to their fields to harvest wheat crop. At about 10 a.m. Salik Ram (P.W. 1) was providing water to his cattles. Smt. Beti (P.W. 3) was collecting cow dung cakes, outside the house for preparing food. Smt. Bhagwati deceased was preparing flour for bread. Durgpal and Mohan Lal deceased were playing in the house. Smt. Savitri Devi appellant caused injuries with khurpi on Durgpal and Mohan Lal. Hearing their shrieks Smt. Bhagwati rushed to save them and Smt. Savitri Devi appellant inflicted khurpi blows on her also. She also raised alarm. Hearing their shrieks Salik Ram (P.W. 1) and Smt. Beti (P.W. 3) rushed inside the house and saw that Savitri Devi was inflicting khurpi blows on Smt. Bhagwati. Smt. Bhagwati told that Smt. Savitri Devi had cut two children and also inflicted khurpi blows on her. Durgpal died on the spot. When Salik Ram (P.W. 1) and Smt. Beti (P.W. 3) tried to save Smt. Bhagwati the appellant attacked on them, but they receded, and she entered into her room. THE villagers also rushed on the cries of witnesses. Information was sent to Ram Phal (P.W. 2), Ved Ram and Mulayam Singh at the field who came to their house and saw that Smt. Savitri Devi was present in the room with khurpi and her saree was blood stained. Ram Phal (P.W. 2) snatched khurpi from her. He went inside the house and saw that his son Durgpal was dead and Mohan Lal and Smt. Bhagwati were injured. Ram Phal (P.W. 1) got prepared report (Ext. Ka-1) from one Pandit of his village and came to police station Sidhpura along with dead body of Durgpal, injured Mohan Lal and Smt. Bhagwati, Mulayam Singh and Smt. Beti and blood stained khurpi (Ext. 1), which he snatched from the appellant and lodged report at 11.45 a.m. Chik F.I.R. (Ext. Ka-13) was prepared by Constable Clerk Vishram Singh (P.W. 6), who made an endorsement of the same at G.D. report (Ext. Ka-14) and registered a case under Sections 302 and 307, I.P.C. against the appellant. He took into possession the blood stained khurpi and prepared recovery memo (Ext. Ka-2). Investigation of the case was taken up by R. P. Singh, (P.W. 7). He interrogated Constable Vishram Singh (P.W. 6) and Ram Phal (P.W. 2) at the police station. He directed Sub-Inspector Angad Ram to conduct inquest of the dead body of Durgpal, who conducted inquest at the police station and prepared inquest report (Ext. Ka-3) and other relevant papers (Ext. Ka-4 to Ka-7). He sealed the dead body and sent it for post-mortem. The Investigating Officer Sri R. P. Singh (P.W. 7) interrogated Smt. Bhagawati and Mohan Lal at Patiyali Crossing on 9.4.1993 and recorded statement of Smt. Bhagwati (Ext. Ka-15) and sent them to district hospital for medical examination and treatment. The Investigating Officer thereafter came to the spot and interrogated Manik Ram (P.W. 1). He took into possession blood stained and simple earth from the spot and prepared recovery memo. Thereafter, he inspected place of occurrence and prepared site plan (Ext. Ka-17). He arrested Smt. Savitri Devi appellant from the room and took into possession her blood stained saree and prepared recovery memo (Ext. Ka-18). The injured Mohan Lal and Smt. Bhagwati were sent to District Hospital, Etah where they were medically examined by Dr. Vinod Tyagi, who prepared injury reports (Exts. Ka-19 and Ka-30). Smt. Bhagwati was admitted in District Hospital, Etah where she died on 9.4.1993 at 3 p.m. Sub-Inspector, Hira Lal (P.W. 5) posted at P.S. Kotwali Nagar, Etah, got information about the death of Smt. Bhagwati, came to the hospital and conducted inquest of her dead body and prepared inquest report (Ext. Ka-8) and other relevant papers (Exts. Ka-9 to Ka-12). He sealed the dead body and sent the same for post-mortem.
(3.) AUTOPSY on the dead bodies of Smt. Bhagwati and Durgpal were conducted on 10.4.1993 by Dr. Staya Mitra (P.W. 8), who prepared post-mortem reports (Exts. Ka-20 and Ka-21). Mohan Lal was shifted to Jawahar Lal Nehru Medical College, Aligarh, for further treatment where he died on 12.4.1993 at 12.20 a.m. The information regarding his death was sent to P.S. Civil Lines, Aligarh. Sub-Inspector Vinod Singh Sengar (P.W. 9) came to Medical College and conducted inquest of the dead body of Mohan Lal and prepared inquest report (Ext. Ka-22) and other relevant papers (Exts. Ka-23 to Ka-27). He sealed the dead body and sent it for post-mortem.;