JUDGMENT

KULDIP SINGH, J.:— Tara Devi and her lover Hari were tried for the murder of Shivanand husband of Tara Devi. The trial Court gave benefit of doubt to Hari and acquitted him. Tara Devi was, however, convicted under Section 302, IPC and was sentenced to life imprisonment. The High Court dismissed the appeal filed by Tara Devi and maintained the conviction and sentences. This is Tara Devis appeal against the judgment of the High Court.

2. The prosecution story, briefly, is that Shivanand deceased was the cousin of Hari. They were living in adjoining houses. Shivanand possessed about 30-40 bighas of land whereas Hari had only 6 bighas with him. Hari had a grouse that Shivanand had illegally occupied part of the family land which according to him was his share. Hari was thus claiming his share in the land from Shivanand. The first wife of Shivanand had died issueless and he had taken Tara Devi as his second wife about 12-13 years before the occurrence. Tara Devi gave birth to four daughters aged 12, 5, 3 and one and a half years respectively. On the date of occurrence the eldest daughter had gone to her maternal grandfathers house. Haris wife died 6 or 7 years before the occurrence and he did not remarry. Hari developed illicit connection with Tara Devi which was resented by Shivanand and he restrained her from meeting Hari. Tara Devi did not listen to her husband and as such they used to quarrel quite often. Getting disgusted with his wifes conduct Shivanand thought of disposing of his property and leaving the village. That further aggravated the differences between the two as Tara Devi apprehended that if the property was sold she along with her children would starve.

3. The prosecution case further is that on the night between 22/23 December, 1971 Tara Devi and Hari in furtherance of their common intention hacked Shivanand to death with Gandassa while he was asleep. The dead body was kept in the house for two days. Tara Devi closed the house from inside and stayed there with her three small daughters. On December 24,1971 Ram Saran, who was living in front of Shivanands house became suspicious as he had not seen Shivanand for two days. He went to Garib Das chowkidar and told him that the doors of Shivanand were suspiciously closed for the last two days. Garib Das accompanied by Kotwal Singh, Dashrath Singh Ujagar Singh; Balwant Sri Ram and others went to the house of Shivanand. Initially Tara Devi did not open the door but ultimately they got the door opened and found Tara Devi trembling with fear. The villagers found the dead body of Shivanand lying in the house in a pool of blood with incised wounds on his head, temple and neck. On inquiry as to the cause of Shivanands death she at first kept quiet but when Garib Das told her that in case she gave the correct facts she would not be harmed, she came out with the confession that her husband used to beat her and wanted to leave the village. She along with Hari committed the murder of Shivanand between 22 / 23 January, 1971. She also stated that the murder was committed by inflicting injuries with a Gandassa and as Hari alone was unable to lift the dead body he went away to call persons for this purpose.

4. The post-mortem examination on the dead body of Shivanand revealed four incised injuries on the neck and temple. Large blood vessels were found cut. The frontal parietal and temporal bones were also cut. The head was found badly lacerated and the fourth cerebral vertebra was also cut.

5. Both the accused denied the charges and stated that they were falsely implicated. Tara Devi stated that there was dispute between Shivanand and Hari over property. Hari got annoyed and threatened to kill Shivanand. During the night of the occurrence she was sleeping inside her kotha when she heard hue and cry. She went out and saw Hari along with his maternal uncles wife coming out of the room where her husband was sleeping. They pointed towards her the Gandasa by which they had committed t