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2008 Supreme(UK) 33

PRAFULLA C.PANT, DHARAM VEER
Bhagwati Devi – Appellant
Versus
State of Uttarakhand – Respondent


Advocates appeared
S. K. Agrawal, Sr. Adv. Assisted by Mrs. Pushpa Joshi, for Appellant; G. S. Sandhu, Govt. Adv., for Respondent.

Judgement

PRAFULLA C. PANT, J. :- This appeal, preferred under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred as Cr. P.C.), is directed against the judgment and order dated 9-7-2007, passed by learned Sessions Judge, Nainital, in Sessions trial No. 115 of 2003, whereby appellant Bhagwati Devi has been convicted under Section 302 of the Indian Penal Code, 1860 (hereinafter referred as IPC), and sentenced to imprisonment for life and also to pay fine of Rs. 10,000/-, in default of payment of which she is directed to undergo imprisonment for a further period of six months.

2. Heard learned counsel for the parties and perused the entire evidence on record.

3. The prosecution story in brief is that Neema Devi (deceased) got married to Bhopal Singh Mehra of Village Bagar, Tehsil and District Nainital. On 18-3-2003, Inder Singh Mehra, brother-in-law of Neema (deceased) told P.W. 1 Nar Singh (complainant), uncle of the deceased, that his niece has received burn injuries and is admitted in B. D. Pandey District Hospital, Nainital. On receiving this information, Nar Singh and his other brothers reached the hospital where they were told by their niece Neema that her






















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