R.S. Chauhan, J. - (1.) ALLEGED to have killed her husband, and the discovery of a blood stained axe, the recovery of blood stained clothes of the accused, the evidence of last seen, have formed the basis for conviction and sentence of the appellant, Anchi Devi by judgment dated 8.7.2004 passed by Addl. Sessions Judge (Fast Track) No. 2, Sikar. Convicted of the said offence she has been sentenced to life imprisonment, imposed with a fine of Rs. 500/ -, and further directed to undergo six months of rigorous imprisonment in default thereof.
(2.) BRIEFLY the facts of the case are that on 5.9.2003 Shishpal (P.W.22) submitted a written report (Ex. P.34) to Mahavir Prasad (P.W.19). The written report when translated into English, reads as under: - - "To The S.H.O.,Police Station Khatushyamji,District Sikar. Sub.: Regarding the assault on my brother Sitaram for the purpose of killing Sir, It is submitted that we are six brothers. My younger brother, Sitaram used to live with his family on a land situated on Bhagwanpura Road. Tonight there was an all -night celebration at the house of Chauthmal Mavliya in the praise of Ramdevji Maharaj. I, my younger brother, Sitaram and his wife, Anchi Devi attended the celebration the entire night. In the morning at 6 o'clock we came to our house situated at Bobasyali. While I went to attend my crop of moth, my brother Sitaram took butter -milk from my house and went to his well. Around 11:30 AM I and wife were sitting at home, when Sitaram's wife, Anchi Devi came to our home. She told my wife that there are two strangers who have come to our well. They had come day -before -yesterday also. They came yesterday also. But we do not know them. She also told my wife that my brother has called me to his place. I went to my brother's well by tractor. When I reached there, I found my brother lying in front of his house in a pool of blood. He was injured on his face and he was bleeding profusely. All his clothes were covered in blood. There was blood on the charpoy which was lying next to him, as well as on the floor. Even the charpoy inside the house, lying in the courtyard, there was plenty of blood around there. I asked Sitaram as to what had happened, but he did not reply. I ran back to my house, pulled out my jeep and with Sriram, Surajbhan, Boduram, Bhanwar Lal, Sagarmal and Nand Lal I rushed back to Sitaram's well. We placed Sitaram in the jeep and rushed him to Khatushyamji Hospital. While my brother was unconscious, he was referred to Jaipur. Today around 11:30 AM two unknown persons have attacked my brother, with sharp -edged weapons, with the intention to kill him. I am submitting this report so that legal action can be taken. Sd/ -Shishpal, son of Kanaram,Caste Jat,resident of Bobasyali,Kothi Tan Chainpura(Dhingpur)." On the basis of this report (Ex. P.34), the police chalked out a formal FIR (Ex. P.35) for offence under Section 452, 302 read with Section 34 IPC, and initiated the investigation.
(3.) ON the same day, the police arrested the appellant. After a thorough investigation, the police submitted a charge -sheet before the Addl. Chief Judicial Magistrate, Danta Ramgarh. The case was committed to the Sessions Court, Sikar, where from it was transferred to the Court of Addl. District Judge (Fast Track) No. 2, Sikar. The appellant was charged for offence under Section 302 IPC.;