Himachal Pradesh Administration Vs. Mt. Shiv Devi

.....judge has held that this part of their testimony was not admissible in evidence, having regard to the provisions of section 32 of the evidence act. on behalf of the appellant, my attention was invited to the provisions of section 8 of the evidence act, whereby any fact is relevant which shows or constitutes a motive or preparation for any fact in issue or relevant fact. illustration (a) to section 8 runs as follows: 'a is tried for the murder of b. the facts that a murdered c, that b knew that a had murdered c, and that b had tried to extort money from a by threatening to make his knowledge public, are relevant.' in the same way, in tile present case, the circumstance that relations between jai singh and mt. shiv devi were strained, that jai singh threatened to expose her to her husband on his return and also that jai singh was beaten on one occasion by mt. shiv devi's paramour would be relevant under section 8, evidence act. therefore, the sessions judge was not right in treating this evidence as inadmissible. the court below has also remarked that the obvious course for jai singh was to live separately when he found that his relations with mt. shiv devi had become strained and he apprehended danger from her. as stated earlier, jai singh had already parted with his properties. half had been given away to his daughter, mt. sundari and the other half gifted to ainar singh, husband of shiv devi. where was he to go? it was suggested--and quite plausibly too--that he did not really believe that mt. shiv devi would go so far as to poison him. the attack on jai singh at night was admitted by mt. shiv devi in her statement to the committing magistrate. she also admitted her illicit connection with rewat as well as that jai singh had warned her that he would expose her to her husband, amar singh, on his return. there was, therefore, a powerful motive underlying the commission of the crime. this, in my opinion, does corroborate the retracted confession. 30. (viii) it is.....order: i allow this appeal and set aside the order dated 29-5-1957 of shri om prakash sessions judge, mandi, acquitting mt. shiv devi, of an offence under section 302, i. p. c. i convict mt. shiv devi of an offence under section 302, i. p. c., and sentence her to life imprisonment.36. the directions made by the sessions judge for the disposal of case property will, however, stand.