SURAJ BAI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The present appeal has been preferred by the Appellant assailing the judgment dtd. 24/2/2001 passed by the Sixth Additional Sessions Judge, Raipur in Sessions Trial No. 196 of 2000, whereby the Appellant has been convicted under Sec. 304 (Part-I) of IPC and sentenced to undergo R.I. for 5 years with fine of Rs.500.00 and in default of payment of fine to undergo additional R.I. for two months.

(2.) Case of the prosecution in brief is that on 28/4/2000 a body of a dead child one or two days old was found behind railway quarters near Trimurti Nagar Railway Station in a small ditch with water. PW-7, Masto Durga is the person who has first seen the child. Merg (Exhibit P-9) was reported on the same day. Thereafter, FIR (Exhibit P-4) was lodged on 29/4/2000. During the course of investigation, it was suspected that the Appellant might be the person who must have delivered the child and dumped near the place of incident. It is alleged that in the course of investigation the police authorities had called for the examination of the Appellant and in the course of examination it is told that the Appellant is said to have confessed upon her having delivered the child and later having dumped the child in a ditch behind railway quarters near Trimurti Nagar Railway Station. Thereafter, on the basis of the investigation which was conducted, a charge-sheet was filed and a case was registered against the Appellant and one Ramji Lal as Sessions Trial No. 196 of 2000 before the Sixth Additional Sessions Judge, Raipur.

(3.) As per the prosecution, the Appellant was working as a labourer with co-accused Ramji Lal who was a contractor. It is said that the said Ramjilal developed physical relationship with the Appellant and in the course she got conceived and since it was an illicit relationship therefore they had conspired to dump the child to be born to the Appellant and accordingly immediately after the child was born to the Appellant she is said to have dumped the child in the ditch behind railway quarters near Trimurti Nagar Railway Station. The body was recovered after about a couple of days and followed by the trial. The two accused persons were prosecuted for the offence under Ss. 302, 201 of IPC alternatively under Sec. 317 of IPC as also under Sec. 109 of IPC. In the course of trial the prosecution examined as many as 12 witnesses. No witnesses were examined on behalf of the defence.