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

LegalCrystal Citation
SubjectCriminal
CourtHimachal Pradesh High Court
Decided On
Case NumberCriminal Appeal No. 12 of 1957
Judge
Reported inAIR1959HP3,1959CriLJ448
ActsCode of Criminal Procedure (CrPC) , 1898 - Sections 164, 173(4), 367, 417, 423 and 510(2); ;Evidence Act, 1872 - Sections 3, 5, 8, 24 and 27; ;Indian Penal Code (IPC), 1860 - Sections 300 and 302
AppellantHimachal Pradesh Administration
RespondentMt. Shiv Devi
Appellant Advocate T.P. Vaidya, Govt. Adv.
Respondent Advocate D.N. Vaidya, Adv.
DispositionAppeal allowed
Excerpt:
.....magistrate form strong corroboration of her retracted confession. the statement made by mt. shivdevi to the committing magistrate, ex. p. x, was put to her at the trial. she admitted having made that statement, but did not add whether it was true or false. 29. (vii) learned counsel for the appellant submitted that the accused had a strong motive for committing the offence attributed to her. he invited my attention to the statements of dila ram, mehar singh hari ram, ganga ram and jagat ram to the effect that the relations between jai singh and mt. shiv devi had become strained. according to them, jai singh used to say that mt. shiv devi was immoral and bad characters used to visit her. a counter charge was levelled by mt. shiv devi against jai singh that he was forcing her to.....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.


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