CHABADI @ PAKALO Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) BEING aggrieved by the Judgment dated 20th February, 1992 passed by the First Additional Sessions Judge, Raigarh in Sessions Trial No. 75/91 convicting the accused/Appellant for commission of the offence punishable under Section 302 and 201 of the Indian Penal Code and sentencing her to undergo imprisonment for life and two years rigorous imprisonment, respectively, with direction that both the sentences would run concurrently, the Appellant Chabadi Bai has filed this appeal.

(2.) THE relevant facts for the disposal of this criminal appeal are that one Patiram lodged a report to the police station -Lailunga on 22nd February, 1991 at 9 a.m. with the allegation that today when he was at his house one Harihar come and told that eight days back on Thursday his daughter Chabadi delivered a child and thereafter she threw the child in the pond. When he enquired from Harihar then he told that while fishermen Dayal and Dashroo were fishing, the body of the child entangled in the net and on enquiry from his daughter Chabadi she disclosed that on Thursday she delivered a child near the pond and after delivery she threw the child in the pond. On receiving this information he along with villagers went to Narayan's pond and saw that the body of the child was floating over the water. Thereafter he went along with Harihar and Chabadi to report the matter. On receiving this information the Officer Incharge registered Ex. P/4 death information No. 3/91 under Section 174 of the Cr. P.C. and thereafter issued notice Ex. P/5 to the panchas for preparing panchanma. After reaching the spot the Panchnama Ex. P/6 was prepared in presence of the panchas. Through Ex. P/7 he seized blood stained patched quilt (Gudri) at the instance of Chabdi Bai and through Ex. P/8 seized the Lahnga of Chabdi Bai at her instance. Body of the child was sent for post mortem examination through Ex. P/1 and the doctor S.N. Upadhyaya after conducting the postmortem on the body of the child prepared the postmortem report Ex. P/19. He recorded the statements of the witnesses and registered Ex.P/16 and same was sent for registration of the case. Investigating Officer submitted a letter Ex. P/ 17 to the Incharge Medical Health Center Lailunga for medical examination of Chabadi Bai. Through Ex. P/18 the Gudri and Lahnga were sent for chemical examination to the forensic science laboratory, Sagar and vide Ex. P/19 the report was received. A case under Section 302 and 201 of the Indian Penal Code was registered and charge sheet was filed against Chabadi Bai under Section 302 and 201 and against Harihar under Section 201 of the I.P.C.

(3.) LEARNED Additional Sessions Judge framed the charges for the above said offences against the accused persons. In order to prove the charge against the accused persons the prosecution in all examined 11 witnesses. Thereafter the statements of the accused persons were recorded in which they simply denied the evidence adduced by the prosecution to prove the charges. After hearing the arguments of learned public prosecutor and the counsel for the accused persons, learned Additional Sessions Judge convicted and sentenced the accused Chabadi Bai as mentioned above whereas he acquitted the accused Harihar of the charge under Section 201 of the I.P.C.