Himachal Pradesh Administration Vs. Mt. Shiv Devi - Court Judgment

Excerpt:
criminal - murder - section 302 of indian penal code, 1860 - respondent charged under section 302 for allegedly causing death of x by administering him deadly poison - acquitted by trial court - appeal - dying declaration of x, extra judicial confession made by respondent, discovery of poison from extension pot, statement made by respondent to committing magistrate and existence of strong motive of crime complement with failure on part of respondent to offer an plausible explanation established beyond doubt that poison administered by respondent resulted in her death - respondent sentenced to life imprisonment. judgment t. ramabhadran, j.c. 1. the respondent, mt. shiv devi, was tried by the learned sessions judge of mandi of an offence under section 302, i. p. c., i.e., of intentionally.....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.

Judgment:
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.