S.P.Garg, J.

1. Shakuntala (the appellant) challenges correctness of a judgment dated 03.01.2011 of learned Additional Sessions Judge in Sessions Case No. 68/2009 arising out of FIR No. 480/2008 PS Jahangir Puri by which she was held guilty for committing offence punishable under Section 304 Part-I IPC. By an order dated 10.01.2011, she was sentenced to undergo RI for seven years with fine Rs. 5,000/-.

2. Allegations against the appellant- Shakuntala were that on the night intervening 25/26.09.2008 at about 01.30 A.M. she poured acid on her husband Rattan Lal at jhuggi No. A-408, behind ITI, K Block, Jahangir Puri. Daily Diary (DD) No.5B (Ex.PW-9/A) was recorded at PS Jahangir Puri at 02.29 A.M. after getting information from Duty HC Umed Singh, Babu Jagjivan Ram Memorial Hospital (in short BJRM Hospital) that Rattan Lal’s wife had poured acid on him and he was admitted at BJRM Hospital. The investigation was assigned to ASI Vijender Singh who with Const. Devender went to the spot. He recorded Rattan Lal’s statement in the hospital after declared fit to make statement. In his statement (Ex.PX), Rattal Lal disclosed to the Investigating Officer that at 01.30 A.M. his wife Sh