By the Court.—The arguments of this case concluded on 11.8.2016.

We then made the following order :

“Heard Shri Amar Nath Tiwari learned counsel for the appellant and Shri J.K. Upadhyay, Kumari Meena as well as Ms. Manju Thakur, learned A.G.As. for the State.

We will given reasons later but we make the operative order now.

The appeal is allowed. Impugned judgment and order dated 3.2.2005 passed by the Additional Sessions Judge, (F.T.C.) Sonebhadra, in Session Trial No. 81 of 2002 (State v. Shanti Devi) convicting the appellant under Sections 302, 201 I.P.C. is hereby set aside. The appellant is acquitted of all the charges framed against her. Appellant is in jail. She shall be released forthwith unless and until she is wanted in any other case.

There shall be no order as to cost.”

Here are the reasons :

2. The present criminal appeal has been preferred by the appellant Shanti Devi against the judgment and order of conviction dated 3.2.2005 passed by the Additional Sessions Judge, Fast Track Court, Sonebhadra, in Sessions Trial No. 81 of 2002 arising out of Case Crime No. 16 of 2002 (State v. Shanti Devi) under Sections 302, 201 IPC, Police Station Pannuganj, District Sonbhadra, whereby she has been convicted under Sections 302, 201 IPC and sentenced to life imprisonment coupled with fine of Rs. 2000/- on the first count and five years rigorous imprisonment coupled with fine of Rs. 1000/- on the second count, in default of payment of fine, she will have to suffer additional imprisonment for two years and one year, respectively. Both the sentences shall run concurrently.

3. Heard Sri Amar Nath Tiwari, learned counsel for the appellant, Sri J.K. Upadhyay, Kumari Meena as well as Ms. Manju Thathur, learned AGAs for the State and perused the record.

4. The facts of this case as discernible from record appear to be; that in this case, the first informant Sangeeta wife of Paras Kushwaha, resident of Village Lauvari, Police Station Pannuganj, District Sonbhadra, lodged written report on 5.2.2002 regarding death of Santosh, husband of the appellant with the allegation that yesternight, she was sleeping at her home when she heard some noise from the house of Prasad Bhatt situated to the southern side of her house at a distance of 100 yards, where Santosh, Ashok and Shanti Devi (accused-appellant) wife of Santosh usually resided. Prasad Bhatt had gone somewhere to meet his son. It was around 8:00 to 9:00 p.m., Santosh was screaming loudly “uncle save me”,-whereupon she came out of her house and went to the backyard of house of Prasad Bhatt and heard some thumping noise as if someone is digging the earth. She waited for a while when digging sound continued, she got scared of digging/thumping sound, therefore, she came back to home and slept. Next day morning, she woke up around 7:00 am and the sun had risen. She told about this incident to one Chandra Shekhar (of the village) that there was some hue and cry in the house of Santosh at night. Santosh shrieked two or three times. Today, whereabouts of Santosh are not known. Raja Ram son of Chandra Shekhar asked the wife of Santosh about his (Santosh) whereabouts, whereupon she informed that Santosh had gone to take care of her mother and from there he will move to ‘Nanihal’ where he will drive tractor. In the meanwhile, co-villagers Lallu, Ram Chander, Narayan, Bachcha and Mangaru etc. arrived on the spot. They also enquired from the appellant whereupon the appellant said whether they have come for committing dacoity in her house. The villagers saw fresh cow dung paste in Osari (Courtyard) of the house, one blood stained ‘Gamchha’ partially burnt and blood stained ashes thrown outside the house which generated apprehension regarding death of Santosh. The appellant in connivance with her Devar (brother-in-law) Ashok has murdered Santosh and they have caused disappearance of the dead body. Ashok was sighted at his house in the morning but he absconded after seeing the villagers. Report