sound box which was kept in the house of the deceased broken down at the instance of daughter of appellant herein, on which the deceased scolded the baby and the baby while weeping returned to her house and told the incident to her mother, then the appellant went to the house of the deceased Shyam Kumar Sande and used filthy language against him and assaulted him by way of club. Thereafter, the deceased was immediately taken to the hospital but on account of head injury, he succumbed to death. On the basis of information given by the Hospital to the Police Station Malkharauda, FIR was registered vide Ex.P-25 for the offence under Sections 294, 506 Part-II and 302 of I.P.C. and panchnama was conducted vide Ex.P-12 and on the recommendation of panchas, dead body was sent for post-mortem, which was conducted by Dr. N.K.Dhruve (PW15) who prepared a report vide Ex.P-24 in which cause of death was head injury, which is homicidal in nature. Upon the memorandum statement of the appellant Ex.P-8, wooden club was recovered vide Ex.P-10 and broken sound box was also seized by Ex.P-9, which were not sent for FSL, but the query report of the Doctor was obtained. Thereafter, after due investigation, the appellant was charge-sheeted for the aforesaid offence under Section 302 of I.P.C. which was ultimately committed to the Court of Sessions for hearing and disposal in accordance with law, in which the appellant abjured her guilt and stated that she has not committed the offence.
