JUDGMENT

R.M. SAHAI, J.:- The appellant was convicted under Section 304, Indian Penal Code by the trial judge and was sentenced to undergo rigorous imprisonment for 7 years. The trial judge held that while one Phulia and her two daughters i.e. the appellant and-one another were weeding their crop when deceased Ganga Ram happened to pass through the neighbouring field. According to prosecution on seeing him Nabia (appellant) abused him whereupon the deceased came protesting and grappled with the three. During the course of altercation the appellant snatched the knife from the hand of deceased and gave him a number of blows which resulted in his death. The doctor who examined the injuries of the deceased also examined the appellant and found that she had incised wound over her right forearm and two superficial cuts on her chin and midial aspect of the middle phallanx of the middle finger. The mother had one incised wound on right hand and two contusions. Even the other sister had two superficial cuts. According to appellant the deceased after throwing the appellant down on the ground had sat on her chest and assaulted her with knife compelling the appellant to call her mother and sist