Jagriti Devi vs State Of H.P

2. The accused-appellant herein was tried for an offence of murder punishable under Section 302, IPC for allegedly committing the murder of her co-wife Shama Devi, on 02.06.1996 at her house in Village Atgaon, Tehsil Chirgaon, District Shimla.

3. The accused-appellant Jagriti Devi is the legally wedded wife of one Mohinder Singh who was a resident of village Atgaon. Out of the aforesaid wedlock, the accused-appellant gave birth to five children, four daughters and one son. The husband of the accused-appellant, however, married for a second time and brought the second wife- Shanti Devi home who was the deceased in the present case.

4. The aforesaid marriage with the deceased-Shanti Devi took place about 2-3 months prior to the date of occurrence. On 02.06.1996, the husband of the accused-appellant was out of station as he had gone to Rohru on the previous day. The deceased-Shanti Devi slept outside the house in veranda on the night intervening 01.06.1996 and 02.06.1996. When the said deceased was sleeping in the veranda on 02.06.1996 at about 6 a.m., the accused-appellant assaulted her with a `Khukri'. A number of blows appeared to have been given on her head and one blow on her neck. The deceased-Shanti Devi, however, 2 survived for about few hours of the infliction of the injuries, and thereafter she died. The accused-appellant immediately after committing the crime fled away with the weapon of offence after washing her hands at the water tap in front of her house.

5. The Police was informed by Naresh, the brother of the deceased- Shanti Devi who lived in a separate village but not very far from the village of the husband of the accused-appellant. Being informed by a boy named Rajesh, Naresh came to the spot and saw his sister lying un-conscious with a number of bleeding injuries on her head and neck. Naresh informed the police. On being informed, Sub Inspector Dhanpat Rai who was the Additional Station House Officer at Police Station, Rohru, went to the spot of occurrence. By the time he reached the spot, the deceased-Shanti Devi had died. The body of the deceased was sent for post mortem examination.

6. During the course of investigation, the police arrested the accused- appellant in Chirgaon Bazar, when she was going towards her parents village in the company of her brother. On being interrogated, the accused- appellant told the Police that she had kept the `Khukri' hidden in a field. On the basis of the aforesaid statement, the `Khukri' was subsequently recovered and sealed in a parcel. The Police completed the investigation 3 and submitted a charge sheet against the accused-appellant-appellant under Section 302 IPC.

7. The accused-appellant pleaded not guilty to the charge of Section 302 IPC and claimed to be tried. During the course of the trial, the prosecution examined 21 witnesses. After completion of the recording of evidence of the prosecution witnesses, the accused-appellant was examined under Section 313 of the Code of Criminal Procedure, 1973 (for short "the CrPC"). In the said examination, the accused-appellant did not deny having caused fatal injuries to the deceased, but she stated that she had killed the deceased in exercise of her right of private defence. The accused-appellant also filed a written statement under Section 233 of the Cr.PC in which she stated that on the fateful day, there was altercation between her and the deceased upon which deceased took out the `Khukri' kept under her pillow and attacked the accused-appellant with the same to which the accused-appellant received some injuries on her head, but luckily through the handle of the `Khukri'. It was also stated by the accused-appellant that in order to prevent the deceased from further assault, she snatched the `Khukri' from the deceased and had given a few blows of `Khukri' to the deceased.

9. Being aggrieved by the aforesaid judgment and order of conviction and sentence, the accused-appellant filed an appeal before the High Court of Himachal Pradesh which entertained it and by a detailed judgment and order dated 31.8.2000 upheld the order of conviction and sentence by affirming the same.

12. The deceased was sleeping in the veranda outside the house. The incident had taken place early in the morning i.e. at about 6 a.m. If the accused-appellant had any intention to kill the deceased, she could have done the same during the night and would not have waited till the day light had broken out. It was a morning when there was sunshine all around and in that broad day light, the offence was committed. The accused-appellant had specifically stated in her statement under Section 313 CrPC and also in the written statement filed under Section 233 CrPC that there was an altercation between her and the deceased upon which the deceased took out the `Khukri' which the deceased had kept under the pillow and attacked her 6 with the same but luckily she did not receive any serious injuries and received certain injuries by the handle of `Khukri' and in order to save herself from further assault, she snatched away the `Khukri' from the deceased and gave few blow with the said `Khukri' to the deceased.

First, it must establish, quite objectively, that a bodily injury is present;

Once these three elements are proved to be present, the enquiry proceeds further and, Fourthly, it must be proved that the injury of the type just described made up of the three elements set out above is sufficient to cause death in the ordinary course of nature. This part of the enquiry is purely objective and inferential and has nothing to do with the intention of the offender."

22. The above are only broad guidelines and not cast-iron imperatives. In most cases, their observance will facilitate the task of the court. But sometimes the facts are so intertwined and the second and the third stages so telescoped into each, that it 15 may not be convenient to give a separate treatment to the matters involved in the second and third stages."

23. We, therefore, hold the accused-appellant to be guilty for offence under Section 304 Part II IPC. Her conviction under Section 302 IPC is, therefore, set aside. The accused-appellant has already undergone about seven years of imprisonment. We therefore, alter the sentence to the period already undergone by the accused-appellant. So far as the punishment of fine is concerned, the same stands set aside. The accused-appellant is already on bail. The bail bonds shall stand cancelled.

24. The appeal stands allowed to the aforesaid extent.