PUNIA BAI Vs. STATE OF C.G

JUDGEMENT

(1.) Challenge in this appeal, is to the judgment of conviction & order of sentence dated 14.03.1995 passed by IInd Additional Sessions Judge, Rajnandgaon, in Sessions Trial No. 132/1994, whereby & whereunder learned Sessions Judge after holding the appellants guilty for causing homicidal death of newly born child of appellant No. 1-Punia Bai and concealing the evidence of criminal case and in sharing common intention, convicted the appellants under Sections 302/34 & 201 of the IPC and sentenced them to undergo imprisonment for life and fine of Rs. 1,000/-, R.I. for one year and fine of Rs. 1,000/-, in default of payment of fine to further undergo R.I. for three-three months, respectively. Conviction is impugned on the ground that without there being any iota of evidence, the trial Court has convicted & sentenced the appellants as aforementioned and thereby committed illegality.

(2.) As per case of prosecution, present appellant No. 1-Punia Bai was having illicit relation with some other person, she delivered child on 27.12.1991. Both the appellants have caused homicidal death of newly born child on the ground that it was illegitimate child; thereafter they concealed the dead body inside the paddy of their house. PW/3-Daulat Das, Kotwar, went to the police station and lodge dehati nalsi vide Ex. P/4 and Ex. P/7. FIR was lodged vide Ex. P/7. Investigating Officer left for scene of occurrence, after summing the witnesses vide Ex. P/1, dead body was taken out from the paddy by appellant Punia Bai and inquest over dead body of newly born child taken out from the paddy was prepared vide Ex. P/2. Bloodstained clothes of deceased were seized vide Ex. P/3. Spot map was prepared vide Ex. P/5. Dead body was sent for autopsy to Govt. Hospital, Rajnandgaon vide Ex. P/8 where PW/8-Dr. S. Rahaman conducted autopsy vide Ex. P/14 and found following injuries:--

(3.) Appellant No. 1-Punia Bai was also examined by PW/6-Dr. Namita Reddy vide Ex. P/9-A and found that she has delivered child within 12-24 hours. Seized articles were sent for chemical examination vide Ex. P/10 and presence of blood over petticoat of appellant No. 1 and paddy were confirmed vide Ex. P/11.