URMILA BAI Vs. STATE OF M.P.

JUDGEMENT

(1.) The Appellant stands convicted under Section 302 I.P.C. to life imprisonment and fine of Rs. 100/- only. In the event of failure to pay fine, she was required to undergo one month further rigorous imprisonment as ordered by the 5th Additional Sessions Judge, Raipur in Sessions Trial No. 52 of 1998 dated 23.01.1999. Merg was recorded by P.W. 17, Bhagwan Singh Rathore, the Officer In-charge, on 01.10.1997 at 16.30 hours with regard to the dead body of a minor child who appeared to be less than one year old floating in the pond as informed by Rajkumar, P.W. 20. Dehati Nalishi was registered on basis of the same marked Exhibit P/1 on the same day. The FIR, Exhibit P/17 was lodged on 06.10.1997. The body was sent for postmortem conducted on 02.10.1997 by P.W. 25, Dr. Ulhas Gonnade. By report marked Exhibit P/20 he opined that death was due to asphyxia as a result of ante-mortem drowning and death had occurred 48-72 hours before the postmortem. The age of the corpse was assessed as about 5-6 months old.

(2.) Learned Counsel for the Appellant submitted that there is no eyewitness to the occurrence. There is no reason why she would have killed her own child. In her defence under 313 Cr.P.C., she had taken the stand that it was her mother's sister Godawari Bai, P.W. 3 who had killed the child.

(3.) Learned Counsel for the State submitted that accusation against the Appellant virtually stands admitted in her reply to questions put to her under 313 Cr.P.C. The Appellant also made false statements to witnesses that she had left the child behind with her husband. It also becomes an incriminating factor against her. From the evidence of witnesses, it is very clear that earlier she had come to the village with the child though on the subsequent occasion, the child was not with her.