JAYANTI BAI Vs. STATE OF M.P.

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) of the CrPC is directed against the impugned judgment of conviction and order of sentence dtd. 2/7/1997 passed by the 5th Additional Sessions Judge, Durg in Sessions Trial No.160/1996, by which the sole appellant has been convicted for offence under Sec. 302 of the IPC and sentenced to undergo imprisonment for life and further sentenced to pay a fine of 1,000/-, in default of Rs. payment of fine amount to further undergo additional simple imprisonment for six months.

(2.) Case of the prosecution, in short, is that the appellant, who is a deserted woman, gave birth to a male child on 13/12/1995 at 11 a.m. in her house and has caused the death of her newly born child by crushing the child by her feet. Marg intimation was lodged on the same day vide Ex.P-1 and dehati nalishi was recorded vide Ex.P-8. Numbered marg intimation was recorded vide Ex.P-14 and FIR was registered vide Ex.P-15. Spot map was prepared by the Patwari vide Ex.P-18. Inquest over the dead body of the deceased infant was conducted vide Ex.P-3 and dead body was subjected to postmortem which was conducted by Dr. Anil Agrawal (PW-5) vide Ex.P-12 and cause of death was stated to be due to shock neurogenic & haemorrhagic and death was homicidal in nature. Dr. Anil Agrawal (PW-5) has also performed hydrostatic test in which he has found the result to be positive, as the child has taken breath before death and he referred the appellant to Dr. (Mrs.) Alpana Agrawal (PW-4) for medical examination. The appellant was medically examined by Dr. (Mrs.) Alpana Agrawal (PW-4) vide Ex.P-11 and gave opinion that she has delivered a baby within 48 hours at the time of examination and consequently, the appellant was arrested and put to trial. Seized articles were sent for chemical examination to the Regional FSL, Raipur and FSL report was prepared vide Ex.P-19 according to which blood was found on soil, petticoat & lungi of the accused/appellant marked as Articles A, C & D, respectively.

(3.) Statements of the witnesses were recorded under Sec. 161 of the CrPC. After due investigation, the accused / appellant was charge-sheeted for offence under Sec. 302 of the IPC and charge-sheet was filed before the jurisdictional criminal court i.e. Judicial Magistrate First Class, Balod, and the case was committed to the Court of Sessions, Durg from where the learned 5th Additional Sessions Judge, Durg received the case on transfer for trial.