U.P. Vs. Smt. Chandrawati  INSC
853 (25 November 1997)
NANAVATI, B.N. KIRPAL
25TH DAY OF NOVEMBER, 1997 Present:
Mr.Justice G.T. Nanavati Hon'ble Mr. Justice B.N. Kirpal Arvind Kumar, I.P.
Singh and A.S. Pundit, Advs. for the appellant Dharam Bir Vohra, Adv. for the
following Judgment of the Court was delivered:
these two appeals the State is challenging the acquittal of Chandrawati who was
convicted by the trial court for the offence punishable under Section 302 read
with Section 34 IPC and Section 307 IPC but acquitted by the High Court.
trial court had convicted her on the basis of evidence of two eye witnesses
P.W.2, Ram Lalit, aged about 11 years and P.W.3, Jagdei, aged about 7 years.
The High Court on reappreciation of their evidence found that the witnesses had
made an improvement in their evidence over their initial version before the
police as regards the manner in which P.W.3 Jagdei received the injury which
was alleged to have been caused by Chandrawati. In view of this infirmity in
their evidence and also because Chandrawati had taken no part in beating
deceased Ranjana the High Court held that it was not proved beyond reasonable
doubt by the prosecution that Chandrawati entertained a common intention with
her husband to kill Ranjana. She was convicted under Section 307 for causing
injury to P.W. 3 Jagdei but as pointed out by the High Court both the witnesses
were contradicted on these points. We are, therefore, of the view that the High
Court was not wrong in giving benefit of doubt to Chandrawati as regards the
said injury alleged to have been caused by her. The High Court has given good
reasons for acquitting her of both the offences and we see no reason to interfere
with the view taken by the High Court. These appeals are therefore dismissed.