MOHAMMAD RAFIQ,J. - (1.) This appeal has been filed by the accused-appellant Smt. Asmeena challenging judgment dated 01.10.2011 passed by Additional Sessions Judge No. 1, Deeg, Bharatpur(for short 'the trial court') whereby she has been convicted for offence under Section 302 read with Section 120B IPC and sentenced to life imprisonment and fine of Rs. 1,000/-, in default of payment of fine to further undergo three months' simple imprisonment.
(2.) Facts of the case as emerging from the record are that a written report(Exhibit P-1) was submitted by Islam son of Moballi to SHO, Police Station Kotwali, Deeg at 2.30 P.M. on 05.10.2009 alleging therein that in the night intervening 2nd-3rd October, 2009, Asmeena and her husband Wahid were alone in their room. At about 12.00-1.00 in the night, Asmeena raised hue and cry, upon which he and his family members went in their room and saw that Wahid was lying dead on the cot. When he, his family members and villagers enquired from Asmeena as to cause of Wahid's death, Asmeena could not give any satisfactory answer and merely stated that he had suddenly died. Information was given to parents of Asmeena at village Baghola on telephone, upon which Sattar, Suban Khan, Munshi, Samsu, Saleem etc. of village Badhola came there and they talked to Asmeena separately. These persons in the presence of panchas of village admitted mistake of Asmeena and assured that they will further enquire the real cause of death of Wahid from her and requested that for the present her mistake be pardoned. On this, as per decision of the panchas, dead body of Wahid was buried on 03.10.2009. Thereafter, some villagers namely Ruzdar, Ayub, Yunus son of Suka, Chutta, Kursed went to village Baghola and enquired from Asmeena about cause of death of Wahid. Asmeena informed that she mixed poison in Wahid's milk, which was given to her by Moharram, son of her elder uncle, Khurshi, her jija and his younger brother, due to which he became unconscious. At that time, her cousin Moharram and brother-in-law Khurshi and his younger brother put Wahid to death by strangulating his neck with an electric cord. When the panchas asked Asmeena as to why she did not disclose this information at Kalyanpur, Asmeena told that she at that time was frightened. On the basis of written report, Mrig Report was registered and proceedings under Section 174 Cr.P.C., 1973 were initiated.
(3.) Thereafter, FIR No. 752/2009(Exhibit P-9) was registered for offences under Section 302 IPC and investigation commenced. Upon completion of trial, the police filed charge sheet against the accused-appellant before the Court of Additional Chief Judicial Magistrate, Deeg and investigation against Fakru was kept pending under Section 173(8) Cr.P.C., 1973 After committal, trial of the case was made over to the Court of Additional District Judge No. 1, Deeg, Bharatpur. Thereafter, charge sheet was filed by the police against Fakru, trial of which was also made over to that court. Trial court framed charges against the accused-appellant Smt. Asmeena and accused Fakru under Section 147, 302 or 302/149 and 120B IPC, which they denied and claimed to be tried. In support of its case, the prosecution examined as many as 19 witnesses and exhibited 14 documents. Statements of accused-appellant and accused Fakru under Section 313 Cr.P.C., 1973 were recorded wherein they pleaded innocence and stated that they have been falsely implicated in the case. Defence produced 6 witnesses and exhibited 12 documents. The trial court, on conclusion of trial, vide judgment and order dated 01.10.2011, though acquitted accused Fakru of the charges framed against him, but convicted and sentenced the accused-appellant in the manner indicated above. Hence, this appeal.;