PARWATI SAHU D/O SHYAM LAL SAHU Vs. STATE OF MADHYA PRADESH, POLICE STATION PATNA, DISTRICT KOREA (M P ) (NOW CHHATTISGARH)

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 13.08.1999 passed by Additional Sessions Judge, Baikunthpur, District Korea, Madhya Pradesh (now Chhattisgarh) in Sessions Trial No.127/1998 convicting the accused/appellant under Section 304 (ii) of the Indian Penal Code (in short 'IPC') and sentencing her to undergo rigorous imprisonment for three years alongwith fine of Rs. 500/- and in default of payment of fine, to undergo rigorous imprisonment for two months in addition.

(2.) Prosecution case, in brief, is that on the date of incident i.e. 16.11.1997, the village Sarpanch, Ghanshyam vide Ex.P-1 through village Kotwar Karamchand Das informed the Station House Officer of the Police Station, Patna, District Sarguja, that one newly born child was found near Jagdamba Talab (Tank) and on this written information, Ex.P-2 FIR No.189/1997 under Section 317 against unknown person was lodged. On the basis of the written information on the same date 16.11.1997 at Police Station, Baikunthpur by Dr. R. Chaturvedi regarding the seriousness of newly born child, an unnumbered FIR i.e. 0/97 (Ex.P-16) was also registered by Police Station, Baikunthpur. The said newly born child was handed over to Sister K.K.S. Khalkho for treatment and care. On the information given by Khuleshwar on 17.11.1997 M.M. Tiwari (PW-15) merg intimation (Ex.P-15) was lodged. The child was found abandoned and died during treatment. Inquest report of child was prepared vide Ex.P-13, postmortem report (Ex.P-17) was prepared by Dr. R.N. Rajoriya (PW-16) in which cause of death was shown to be due to respiratory arrest. During investigation it was found that the Appellant was pregnant before the incident. Appellant was examined by Dr. Rashmi Verma (PW-19) where she opined that accused/Appellant was physically and mentally healthy, breast was full of milk, womb was swelling and bleeding, and in the mouth of the womb, clots of blood were found indicating 18 weeks of pregnancy and recent delivery symptoms were found on the body of the accused/Appellant as per examination report (Ex.P-20A). After examination report was prepared by Dr. Rashmi Verma (PW-19), Dr. Kalawati Patel (PW-17) also examined accused/Appellant vide (Ex.P-6A). Spot map was also prepared vide Ex.P-7. After investigation, charge-sheet under Section 317 and 304(ii) of IPC was filed against the Appellant.

(3.) While trial Court framing charge against the accused/Appellant charge framed under Section 317 and 304 (ii) of IPC so as the whole accused/Appellant guilty. The prosecution examined as many as 19 witnesses. Statement of the accused was also recorded under Section 313 of Cr.P.C in which she denied the circumstances appearing against. She pleaded innocence and false implication. In her defence, no witnesses has been examined.