MOOLCHANDANI,J. - (1.) The instant appeal is directed against the judgment dated 20/04/1989 passed by Additional Sessions Judge, Nohar in Sessions Case No.68/1987 convicting the appellant-accused Mst. Savitri for the offence under Section 302 I.P.C. and sentenced her to life imprisonment together with a fine of Rs.500/- in default whereof, to undergo six months' rigorous imprisonment.
(2.) The recitals of F.I.R. (Ex.P/4) reads as under:- JUDGEMENT_84_LAWS(RAJ)5_2017.jpg and this FIR was registered as FIR No.127/1987 under Section 302 I.P.C. on 02.09.1987 at P.S. Bhadra at 4.00 AM.
(3.) Heard submissions of rival sides, learned counsel for the appellant has contended that the learned trial court has faulted in arriving at the decision of guilt, there is no direct evidence and the FIR was lodged against unknown assailants, theory of extra-judicial confession has intentionally been created in order to protect actual culprits, step-mother Smt. Bela, who was having animocity with his deceased step son Balveer, since she was demanding jewelry from him and in order to deprive him from his legal rights, a concocted story has been invented to frame innocent widow lady. The couple was not having any strained relations, they were happily married and living comfortably without any discontent and the nature of injury, which is quite serious, cannot give opportunity to the injured/deceased to narrate that he was perperated with the kind of fatal injuries by "kassi" by the accused-appellant and an injured sustaining given type of injury, can never survive even for some minutes to say and utter anything. Conduct of all the witnesses is dubious and their utterances are not reliable, nothing of alleged kind of recovery has been made on the alleged instance and alleged information of the accused-appellant, entire story is based on sheer conjectures, the trial court has not appreciated the evidence in right perspective and has passed impugned judgment, which is liable to be reversed and quashed, so, the appeal be allowed and accused-appellant be acquitted. Per contra, learned Public Prosecutor has contended that version of extra-judicial confession, which was made by Smt. Savitri, wife of deceased, is accurate and all the important witnesses of the prosecution have altogether uttered similar kind of version, which is enough to indicate that there is trustworthiness in the evidence of the prosecution witnesses. "Kassi", weapon of assault, has been found stained with human blood and the clothes of deceased as well as accused-appellant Smt. Savitri, have also been found stained with human blood, nothing abnormal is there in the evidence of the prosecution and every witness of the prosecution has uttered truth, prosecution has completely succeeded in establishing its case beyond reasonable doubt and there is no alleged infirmity in the judgment impugned, appeal lacks merit, so it be dismissed.;