* IN THE HIGH COURT OF DELHI AT NEW DELHI
RESERVED ON : 25th JULY, 2013
DECIDED ON : 26th AUGUST, 2013
+ CRL.A. 1017/2011
PINKI ....Appellant Through : Mr.R.K.Dikshit, Advocate.
versus
THE STATE (G.N.C.T. OF DELHI) ....Respondent Through : Mr.M.N.Dudeja, APP.
CORAM:
HON'BLE MR. JUSTICE S.P.GARG
S.P.GARG, J.
1. Pinki (the appellant) impugns a judgment dated 20.05.2011 in Sessions Case No. 218/1/10 arising out of FIR No. 55/10 PS Moti Nagar by which she was convicted for committing offence punishable under Section 304 part-II IPC. By an order dated 26.05.2011, she was sentenced to undergo RI for five years with fine ` 200/-.
2. Allegations against Pinki were that on 25.02.2010 at about 02.30 P.M. at Jhuggi No. 155/74, Jakhira, Chara Mandi, Delhi, she committed culpable homicide not amounting to murder by causing death of Akash aged 13 years. The police machinery came into motion when Daily Diary (DD) No. 24A (Ex.PW-9/A) was recorded at 01.45 P.M. on 26.02.2010 on getting information from his father that Akash had died for unknown reasons. The investigation was assigned to ASI Preet Pal Singh CRL.A. 1017/2011 Page 1 of 10 who with Const.Raju Palwe went to the spot. On inspection of the body, ligature marks were found on the deceased's neck. The Investigating Officer made endorsement (Ex.PW-7/A) and lodged First Information Report under Section 304 IPC. Statements of the witnesses conversant with the facts were record