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1988 DIGILAW 224 (RAJ)

Mst. Ladu v. State of Rajasthan (138)

1988-04-16

K.S.LODHA, N.C.SHARMA

body1988
K.S. LODHA, J.—The question involved in this appeal is a short one as has been canvassed by the learned counsel for the appellant before us. Therefore, we need not state the facts of the case at length. The only question urged be ore us is about the nature of the offence. 2. Briefly stated the facts are that the appellant Smt. Ladu was the wife of the deceased Jassa. The relations between this couple and the parents of Jassa do not appear to be happy and, therefore, they were living in a separate house. In the night between 21st and 22nd of March, 1980 it appears that there across some quarrel between this couple. The daughter of the couple was weeping and Jassa had asked Ladu to make her quiet but Ladu, on the other hand, d asked Jassa to take the daughter. Jassa did not oblige Ladu whereupon she got angry and took an iron rod lying in the room and gave blows on the head of Jassa who was at that time lying on the cot. Jassa succumbed to the injuries received by him. Thereupon Smt. Ladu started raising hue and cry which attracted Poonja P.W. 1, cousin of the deceased, Khatra P.W. 2, father of the deceased and Bhati P.W. 3, brother of the deceased. When they reached Jassas house and found Smt. Ladu weeping, they made enquiries from Mala P.W. 4 who is the son of Jassa. Mala told them that his mother had inflicted the blows on his father. Then they were also told by Smt. Ladu herself about the quarrel referred to above and admitted that she had inflicted the blows in a sudden fit of anger. On this Poonja lodged a report of this incident at Police Station, Dhambola at 6.00 PM on 22nd of March, 1980, the police station being 28 Kms. away from the place of occurrence namely Dukafala. After usual investigation the police put up a challan for the offence u/s 302 I.P.C. against Smt. Ladu! She was committed to the Court of the Sessions where she pleaded not guilty but on trial she has been found guilty u/s 302 I.P.C. and sentenced to imprisonment for life and a fine of Rs. 100/- by the learned Sessions Judge, Dungarpur by his judgment dated 30th of August, 1980. Aggrieved of this Smt. Ladu has come up in appeal. 3. 100/- by the learned Sessions Judge, Dungarpur by his judgment dated 30th of August, 1980. Aggrieved of this Smt. Ladu has come up in appeal. 3. We have heard learned counsel for the appellant and the learned Public Prosecutor and perused the record. 4. As already stated above the only contention raised before us by the learned counsel for the appellant is that in the circumstances of the case, the offence does not fall u/s 302 I.P.C. but must fall only u/s 304 Part II I.P.C. He does not dispute the fact that it was Smt. Ladu who had given blows with an iron rod on the head of her husband Jassa and that he died on account of the injuries so inflicted. What he contends is that it was not the intention of the appellant to cause death of her husband and she can only be imputed with the knowledge that the injuries caused by her may result in death of her husband. On a careful consideration of the material on record, we are unable to accept this contention and we are clearly of the opinion that the learned Sessions Judge was correct in convicting the appellant u/s 302 I.P.C. 5. For our own satisfaction we have gone through the evidence of the eye-witness Mala P.W. 4 who is a child of six years and is the son of Jassa and Smt. Ladu, who has deposed to the fact of the injuries being inflicted by Smt. Ladu on the head of Jassa. The learned Sessions Judge has placed reliance on his statement and we do not see any reason to take a contrary view. His evidence is also corroborated by the evidence of Poonja P.W. 1 and Khatra P.W. 2 who deposed to the extra judicial confession of the appellant Smt. Ladu and their evidence is further supported by the fact that this extra judicial confession finds mention in the first information report itself. There does not appear any reason for these persons to falsely implicate the appellant Smt. Ladu. 6. Now coming to the nature of the offence, it may at once be stated that Dr. Mohd. Ashraf Khan P.W. 7 had found the following injuries on the person of the deceased Jassa. There does not appear any reason for these persons to falsely implicate the appellant Smt. Ladu. 6. Now coming to the nature of the offence, it may at once be stated that Dr. Mohd. Ashraf Khan P.W. 7 had found the following injuries on the person of the deceased Jassa. (1) Lacerated wound right eye-brow 5 cm x 1 cm x 2 cm depth blood oozing with liquified brain-matter, (2) Lacerated wound vault of skull 6 cm x 2 cm x 2 cm depth, (3; depression of with articular depth 5 cm above right eye brow 1 cm x 1 cm. Below these injuries there were comminuted fractures of frontal and temporal bone with no depression. The brain matter was oozing from the bone ever right the eyebrow (2) Membrane over vault were coloured with huge subdural hematoma extending over right temper parietal region, (3) Dural laceration over right eye brow wound but intact over the vault wound, below this there were multiple pices of bone of varying size out of these there were 6 big pieces. In his opinion the cause of death was subdural hematoma in right tempo parietal region and lacerated wound of the right frontal lobe. He has also stated that injury No. 1 and 2 were individually sufficient to have caused the death of Jassa in the ordinary course of nature. Now nothing has been brought out in the cross-examination of Dr. Mohd Ashraf Khan to disbelieve his statement. From the evidence of Mala P.W. 4 it clearly appears that Smt. Ladu had given repeatedly three blows on the head of Jassa and the blows appear to have been given with sufficient force in as much as they resulted into comminuted fractures of frontal and temporal bone. The brain matter came oozing out from the bone over right eye-brow. When the lady accused had given such blows with an iron red repeatedly on the head of her husband with considerable force, it can easily be concluded that she intended to cause the injuries found on the person of Jassa and which in the opinion of the doctor were individually sufficient in the ordinary course of nature to cause death. When the lady accused had given such blows with an iron red repeatedly on the head of her husband with considerable force, it can easily be concluded that she intended to cause the injuries found on the person of Jassa and which in the opinion of the doctor were individually sufficient in the ordinary course of nature to cause death. Therefore, the act of the appellant clearly falls under clause thirdly of Section 300 I.P.C. and offence clearly amounts to an offence u/s 302 I.P.C. It cannot be said in these circumstances that death was not intended and the only knowledge that the injuries may cause death cannot be imputed to the appellant. 7. In these circumstances, we are in agreement with the findings of the learned Sessions Judge and of the opinion that the conviction awarded against him is proper. The appeal is, therefore, without any substance and is hereby dismissed. The appellant is in jail. She has been ordered to be released on bail by the order dated 17th March, 1981 but it appears that she has not furnished the required bonds and, therefore, she had not been released. If, however, in the mean time if she has furnished the bonds and she has been released then the learned Sessions Judge. Dungarpur shall take steps to get her arrested and send her to jail to serve out the remaining part of the sentence.