AI Structured Summary
Not yet generated for this judgment
Judgment
Leave granted.
The appellant-Laxmibai has questioned her conviction under Sections 302, 324, 504 and 506 read with Section 34, Indian Penal Code for which she has been sentenced to undergo life imprisonment and the lesser sentences.
The case of the prosecution is that there was a dispute in relation to agricultural land between family of the deceased (Dada and Kamala Bai) and the accused. Accused No. 1-Dashrath is husband of A-3 Laxmibai and accused No. 2- Santosh is the son of A-1. On 21.08.2006 after attending the Court, the deceased-Dada was returning home at 5.30 P.M. The incident in question took place wherein Dashrath assaulted Dada with the crow-bar, Laxmibai armed with wooden stick and Santosh armed with an axe assaulted deceased-Dada and Kamlabai who died as a result of injuries caused to them. The prosecution case has been held established mainly on the basis of evidence of PW-6 Nita who was an injured eye-witness. A-1 Dashrath and A-2 Santosh have not challenged their conviction and sentence.
The only submission which has been pressed by learned counsel for the sole appellant is that as far she is concerned, she was carrying a stick and has not caused any fatal injuries. There is also nothing to show sharing of common intention by her with the co-accused Dashrath and Santosh in relation to the offence under Section 302.
After perusing the material on record, we are satisfied that the above submission has force. Accordingly we set-aside the conviction and sentence of the appellant-Laxmibai under Section 302/34 I.P.C. while upholding her conviction and sentence for the other offences. Since she is said to have completed her sentence for other offences except under Section 302/34 IPC, she may be released from custody unless required for any other offence.
The appeal is, accordingly, allowed in the above terms.