JUDGMENT

Dr. Mukundakam Sharma, J.—

1. The present appeal is filed against the judgment and order passed by the High Court of Gujarat holding that the case of the appellant herein is covered under Clause (4) of Section 300 of the Indian Penal Code (for short ‘the IPC’) and, consequent thereto convicting her under Section 302 of IPC for murder of her daughter-in-law -Santokben alias Muktaben and sentencing the appellant to imprisonment for life. However, by the said order, imposition of the fine of Rs. 3,000/- by the Sessions Court was set aside. Earlier the Sessions Court held the appellant guilty for the offence of Section 304, Part II of IPC and convicted and sentenced her for 5 years imprisonment and fine of Rs. 3,000/- and in lieu to undergo further imprisonment of one year.

2. In order to appreciate the rival contentions advanced by the parties and issues involved, it would be necessary to set out brief facts of the case which gave rise to the present criminal appeal.

Deceased Santokben was married to Parshottambhai Patel of village Jamvadi, Taluka Gondal, District Rajkot. After the marriage she gave birth to three children, who were all girls. The appellant herein, who is th