Judgment

UNTWALIA J.:- There is a locality known as Nani Malekwad in the town of Kalol, District Mehsana, Gujarat. In this locality is a road (lane) running north to south. Bai Fatima, respondent no, 1 in this appeal filed on grant of special leave by the State of Gujarat, is the wife of Allarakha Husseinkhan. He had a younger brother named Gulabkhan Husseinkhan.

The victim of the occurrence is the said Gulabkhan. Both the brothers had their houses adjacent to each other in this lane facing east. The northern one was in occupation of and belonged to the deceased and the southern one was of Allarakha. There are a number of other houses situated around the houses of the two brothers. One such house is of Sardarkhan Muradkhan facing west abutting the road, two houses north of the house of the deceased. Jamiyatkhan is the son of Sardarkhan, father-in-law of the deceased Gulabkhan.

2. In the month of June, 1968 a complaint was made to the Kalol Municipality by persons of the locality including the deceased and some of the prosecution witnesses that Allarakha, husband of respondent no. 1 was discharging dirty water of his house towards East which collects on the road and causes nuisance to the residents of the locality. That had caused friction between the families of the two brothers.

3. On 27-6-1968 according to the prosecution story there were two incidents in the Angana i.e. spaces on the road in front of the houses of the parties - one was at 5.30 p.m. and the other at 6.30 p. m. The prosecution case is that a she-goat of Gulabkhan strayed in the house of Fatima. She began giving blows to the goat. There were altercations between the members of the families of the two brothers. Respondent no. 2 who is a married daughter of respondent no, 1 and her son Liyakat who was 15 years old on the date of occurrence were also present at the time of this quarrel. They threw stones which hit P.W. 3 Nannubibi, wife of deceased Gulabkhan, one Rahematbibi and P.W. 4 Noorbibi a neighbour and a close relation of Nannubibi. Respondent No, 1 is said to have come out with a stick from her house and went to Gulabkhan to strike him. One Allarakha Rehaman-a close neighbour came there, caught hold of the stick, quietened respondent No. 1 and sent her back to her house. The second part of the story is that Gulabkhan and Nannubibi went and sat in the Angana of Jamiyatkhan son of Sardarkhan, father-in-law of Gulabkhan. Respondent no. 1 about an hour later went with a stick in her hand and hurled a blow on Gulabkhan. Nannubibi intervened and got the blow on her right hand finger. Gulabkhan directed respondent no, 1 to go back to her house by gestures of his hand and he also proceeded and pushed her towards her house. When Gulabkhan reached the Angana of his house, respondent no. 1, is said to have put her leg across his legs with the result that he fell down on his back. Respondent no. 2 caught hold of the hands of Gulabkhan. Respondent no. 1 sat on his legs and squeezed his testicles and pulled them. The boy Liyakat is said to have bitten the deceased on the left shoulder. Gulabkhan thereafter was made to recline on a cot. Eventually he died of the shock due to the pressing of his private parts by respondent no, 1. Information was sent to the Police Station. A complaint of Nannubibi was recorded at about 10.30 p.m. Liyakat was sent for trial before the Juvenile Court. Respondent nos. 1 and 2 were tried by the Sessions Judge, Mehsana.

4. The learned Sessions Judge held the prosecution story to be proved beyond reasonable doubt in all material particulars. Finding that the injury caused to Gulabkhan in ordinary course of nature may not be sufficient to cause his death but was likely to cause his death, he convicted respondent no. 1 under Section 304 Part-I of the Indian Penal Code and sentenced her to undergo rigorous imprisonment for 7 years. She was further convicted under Section 323 and was given a concurrent sentence for 3 months under this count. Responde