The main legal point established in the judgment is the interpretation of the intention or knowledge to cause death in the context of the offense under Section 307 of the Indian Penal Code.

Sham Sunder, J. - This appeal is directed, against the Judgement of conviction dated 01.10.96, and the order of sentence dated 03.10.96 rendered by the Court of Additional Sessions Judge (V), Faridabad, vide which, it convicted the accused (now appellant), for the offence, punishable under Section 307 of the Indian Penal Code, and sentenced her, to undergo rigorous imprisonment, for a period of four years, and to pay a fine of Rs. 500/-, in default thereof, to further undergo simple imprisonment, for a period of three months.

2. The facts, in brief, are that, complainant-injured Akbar, was married to accused Sarida, as per Muslim rites about six years, prior to the occurrence. Three years after the marriage, the accused came to her matrimonial home for the first time. Thereafter, during the subsequent three years, she came to her husbands house only thrice. The relations between the parties were strained, right from the very begining. The father of the accused wanted to send her with some other person for consideration.

3. On the night intervening 26/27.11.93, the complainant and the accused were were asleep, in a room, on a single cot. The mother of the complainant namely Mariyam, his sisters, and brother, were sleeping, in the adjacent room. At about 2.30 AM, on 27.11.93, the complainant woke up, per chance, and found that the accused was still awake. The accused told the complainant to take a turn, and sleep properly. She then got up and went out of the room. She returned there after sometime. In the meantime, the complainant enjoyed a nap. The accused then assaulted the complainant with an axe (kulhari), which hit him, on the left side of his neck. When the complainant tried to run away, the accused over-came him and grappled with him. With a great difficulty, he opened the door, and raised an alarm, on hearing which, his mother Mariyam, fathers elder brother (Tau) Isa, and Isas wife Batuli, got up, and came there. They separated the complainant and the accused. After sometime, complainants father Deenu, also are there. He shifted the complainant immediately to Civil Hospital, Palwal, where he was medico-legally examined by Dr. Jagmohan Mittal, Medical Officer, who issued medico-legal report PA, in this egard.

4. On receipt of ruqa PB, from the Medical Office, the Police party headed by Assistant Sub Inspector Ram Niwas, reached the hospital, and thereafter seeking opinion PC/1, on the request PC, from the Medical Officer, the statement of the complainant PD was recorded. The complainant, besides unfolding the facts, narrated hereinbefore, also stated that at, the time of marriage, his father had presented the silver ornaments weighing about 2 kgs and one gold Hansli, weighing about 1 tola, to the accused. Besides that, he had also lent a sum of Rs. 15,000/-, to his father-in-law Nooru (father of the accused). The above ornaments were with the father of the accused. He (complainant) further stated that the accused had assaulted him, as her father did not want to return the above ornaments, and cash, and he further wanted to send the accused with someone else for consideration. On the basis of the statement PD, the first information report PD/1, was registered, in the Police Station, and the investigation was taken in hand.

5. During the course of investigation, the medico-legal report of the injured PA, was taken into possession. The place of occurrence was inspected, and the rough site plan PN thereof, was prepared. Scaled site plan PD of the place of occurrence was also got prepapred. From the place of occurrence, vide recovery memos PE and PF, one blood smeared gudri (quilted cushion made of rags), and blood stained earth, were taken into possession. The accused was apprehended. Her clothes stained with blood were taken into possession, vide memo PG. In pursuance of her disclosure statement PH, weapon of offence i.e. axe (kulhari) was recovered, vide recovery memo PJ.

6. Gudri, clothes and earth stained with blo