- (1.) The appellant was put on trial on the accusation of committing murder of her husband Soma Lohra. The trial Court, having found the charge being proved beyond all reasonable doubt convicted the appellant under Sec. 302 of the Indian Penal Code vide its judgment dated 31.5.2006 and sentenced him to undergo imprisonment for life vide its order dated 1.6.2006. The case of the prosecution, is that, on the day of occurrence Santosh Kumar Lohra -P.W. 1, the son of the deceased had slept in a room along with his father Soma Lohra (deceased) and mother Lalwati Devi. Upon hearing sound of altercation, he woke up and saw his mother assaulting his father with tangi. His father sustained injuries over his mouth, neck and left hand, as a result of which he died. Said Santosh Kumar Lohra -P.W. 1 immediately rushed to inform Jatti Devi -P.W. 6, the sister of the appellant. Jatti Devi on hearing this, came to the house of the Soma Lohra and found him dead.
(2.) One Ram Awadh Paswan -P.W. 8 posted as S.I. of Police at Basia Police Station, when came to know about the said incident came to the house of the deceased and recorded the fardbeyan (Ext. -6) of Jatti Devi -P.W. 6 wherein she narrated about the incident as has been stated above. Thereafter, he took over the investigation, during which he held inquest on the dead body and prepared an inquest report (Ext. -7). The I.O. also seized tangi from the said room where the occurrence had taken place under seizure list (Ext. -8).
(3.) Meanwhile, the I.O. sent the dead body for post mortem examination which was conducted by Dr. Manvendra Kumar Singh -P.W. 5, who on holding autopsy did find following injuries: - - (i) One sharp cutting injury on right side of neck involving left part of mandible. Size 5" x 2" x 2 1/2". Mandible completely cut near angle. All important blood vessels on right side of neck were found cut completely. (ii) One sharp cut wound behind lower lobe of right pinna involving right mastoid antrium and occiput, size 3" x 1" x bone deep. Right mastoid antrium and occiput bone were cut. (iii) One incised wound on thinner eminence of left palm. Size 1 1/4" x 1/4" x 1/2". The doctor issued post mortem report (Ext. -3) with an opinion that the death was caused due to haemorrhage and shock on account of aforesaid injuries.;