According to prosecution on seeing him Nabia appellant abused him whereupon the deceased came protesting and grappled with the three.
According to appellant the deceased after throwing the appellant down on the ground had sat on her chest and assaulted her with knife companypelling the appellant to call her mother and sister who were also injured.
During the companyrse of altercation the appellant snatched the knife from the hand of deceased and gave him a number of blows which resulted in his death.
Even the other sister had two superficial cuts.
The mother had one incised wound on right hand and two companytusions.
The appellant was companyvicted on the testimony of eye witnesses.
The High Court found that due to some exchange of hot words between the deceased and appellant there was grappling and while this was going on the appellant managed to get hold of the knife held by the deceased and in a fit of passion inflicted injuries on him which resulted in his death.
The doctor who examined the injuries of the deceased also examined the appellant and found that she had incised wound over her right forearm and two superficial cuts on her chin and Medial aspect of the middle phalanx of the middle finger.
M. Sahai, J. The appellant was companyvicted under Section 304, Indian Penal Code by the trial judge and was sentenced to undergo rigorous imprisonment for 7 years.
The trial judge held that while one Phulia and her two daughters i.e. the appellant and one another were weeding their crop when deceased Ganga Ram happen to pass through the neighbouring field.
