- (1.) THE learned Sessions Judge, Saharanpur in S. T. No 419 of 1979, State v. Smt. Mamo and another, by his judgment and order dated 20 -2 -80 held Smt. Mamo (appellant) guilty on a charge under Section 302, IPC and awarded life imprisonment to her. The co -accused Om Prakash was extended the benefit of doubt and acquitted.
(2.) THE prosecution case started on the basis of a FIR lodged by Data Ram, PW 1 at the police station on 13 -8 -79 at 6. 10 a. m. The incident is said to have taken place in same night at about 3 am the distance of the police station is 5 Kms. He has alleged that he was sleeping in front of the house of Mangat Singh, his brother. Smt. Bhamuli (wife of the deceased Man -gat Singh) who is his Bhabhi was also sleeping near the deceased Smt. Bhamuli started crying. Hearing which, Natthu Singh Chowkidar and Kjshan Pal also ar rived. The complainant also got up. All the the saw that the accused Smt. Mamo was assaulting Mangat Singh with a Gan -dasa. Several persons later on arrived. After their coming, Smt. Mamo, appellant said that she had removed the thorn from her way (by killing the deceased Mangat Singh ). There were illicit relations be tween Smt. Mamo and Om Prakash, co -ac cused (acquitted ). The deceased had seen Om Prakash with the appellant in objec tionable stages and had objected to that to Om Prakash. He also wanted to convene a Panchayat. Nay, he had prevented Om Prakash from meeting the appellant and that was why the appellant as well as the co -accused Om Prakash had conspired and murdered the deceased.
(3.) ON the basis of the written FIR, a case was registered in the GD. The 1o reached the spot, completed the for malities of investigation and prepared the relevant documents and sent the dead -body for post - mortem examination duly sealed. The post -mortem examination was conducted by Dr. M. N. Ansari, PW 6 on 14 -8 -79 at 3 p. m. and he found the follow ing injuries: - (1) Incised wound 11 cm. x 5 cm. x muscle deep on the right side of the neck in the middle part. (2) Incised wound 9 cm. x 3 cm. x muscle deep on the left side neck just below the man dible. (3) Two incised wounds 3 cm. x 1 cm. x muscle deep each on the left side neck 1 cm. below the anterior end of injury No. 2. (4) Incised wound 3 cm. x 1/1 cm. x muscle deep on the front of the upper part of the chest in the middle. (5) Incised wound 4 cm. 1/4 cm. x muscle deep on the mid back of the right upper arm. (6) Incided wound 2 cm. x 1/2 cm. x muscle deep on the back of the middle right fore -arm. The margins in relation to all these injuries were clean cut. Internal examination showed that the internal and the ex ternal jugular veins were cat underneath injury No. 1. In the medical opinion, the cause of death was shock and haemorrhage due to injury to the major vessels of the neck, which was sufficient in the ordinary course of nature to be fatal. Dr. Ansari testifies also that these injuries could be caused by some sharp cutting weapon, in cluding the blade of the fodder cutting machine (Ex. 1 ). The post -mortem ex amination; report drawn by him is Ex. Ka 2. In the opinion of the Dr. Ansari, the death could have been instantaneous and in the night as alleged at about 3a. m.;