Soni Shrivastava, J. – The present appeal under Section 374(2) read with Section 389(1) of the Code of Criminal Procedure Code, 1973 (hereinafter referred to as the ‘Cr.P.C.) has been preferred against the judgment and order of conviction and sentence dated 29.06.2025 passed by the court of learned Additional District and Sessions Judge-III, Purnea in Sessions Case No.1074 of 2007, arising out of Rauta (Angarh) P.S. Case No.27 of 2007 dated 27.06.2007, whereby and whereunder the sole appellant has been convicted under Section 302 of the Indian Penal Code (hereinafter referred to as the ‘IPC’) and she has been sentenced to undergo rigorous imprisonment for life with fine of Rs.50,000/- and in default thereof she has been directed to undergo simple imprisonment for six months.

2. The short facts of the case arising out of the First Information Report based on the fardbeyan of the informant Prem Lal Harijan (PW-4) recorded on 27.06.2007 at 10.30 AM, is that on 26.06.2007, the informant had gone to Majhgawan haat (market) along with his father Mahesh Lal Harijan (deceased) at 4.00 PM and his father after taking kerosene oil from the dealer, gave it to the informant and asked him to wait while he would go and get fish. It is alleged that after some time the father of the informant gave the fish to him and asked him to go to his house and also asked him to sell wheat and bring spices and other articles, whereafter the informant came back to his home with the fish, and went again to the village for selling the wheat at the shop. Meanwhile, the appellant and his father came together near the shop and the appellant Prabha Devi entered into a quarrel with the father of the informant and also tore his Lungi, whereupon the informant ran to the house of appellant Prabha Devi and informed her husband Chowkidar Madan Lal Harijan about the said quarrel and asked him to get the fight resolved, however, the later did not pay heed to his request. The informant has further stated in his fardbeyan that while he was taking the Lungi, his father and Prabha Devi had both come to the house of Prabha Devi, where he saw his father sitting along with Madan Lal and in the meantime, Prabha Devi got a sword from the house and gave a blow on the neck of the father of the informant twice, owing to which, the neck of the father of the informant got cut and he fell down. It is further stated that the informant rushed to his house and informed about the incident to his mother whereupon his mother started weeping and screaming and other villagers also came to the place of occurrence. The informant has stated in his fardbeyan that the occurrence took place around 5.45 PM. The fardbeyan was read over to the informant, which he had understood and finding the same to be correct, he had made his signature over the same in front of two witnesses (not examined).

3. On the basis of the aforementioned fardbeyan, a formal FIR bearing Rauta (Angarh) P.S. Case No.27 of 2007 was instituted on 27.06.2007 at 3.00 PM under Section 302 of the IPC against the sole accused being the present appellant. After investigation and finding the case to be true qua the appellant, the police had submitted charge-sheet against the appellant under Section 302 of the IPC on 27.08.2007. The learned court of C.J.M., Purnea had taken cognizance of the offence under Section 302 of the IPC vide order dated 26.10.2007. The case record was committed to the court of Sessions on 30.11.2007 and accordingly Sessions Case No.1074 of 2007 was instituted, whereafter the charges were framed by the learned trial court on 04.01.2008 under Section 302 of the IPC against the appellant to which he pleaded not guilty and claimed to be tried.

4. The prosecution, in order to substantiate its case, examined five witnesses during the course of trial, they being, PW-1 Pandit Lal Harijan (co-villager and cousin brother of the deceased), PW-2 Anti Lal Harijan (co-villager), PW-3 Jag Lal Harijan (brother of the deceased), PW-