RAVI Vs. STATE

JUDGEMENT

(1.) Since we are proceeding to hear the appeal itself, instant application is dismissed.

(2.) RAVI the maternal uncle of the unfortunate baby Babita (deceased) has been convicted for offence of her murder on the testimony of his own sister Poonam P.W. -8 vide the impugned judgment dated March 26, 2012 and directed to undergo imprisonment for life for offence under Section 302 IPC and a fine of Rs. 2000 and a sentence of two months simple imprisonment for the offence punishable under Section 323 IPC vide order on sentence dated March 31, 2012. Ravi assails the judgment on the ground that even if accepting the prosecution version neither any motive is alleged to him nor any intention is attributed to kill his own niece. The allegations against the appellant are of pushing the child resulting in the fall and dying pursuant thereto. Even the doctor has opined that the injury to baby Babita could have been caused due to fall. No weapon of offence has been used. At best the action of Ravi even as per the prosecution case who was intoxicated at that time was a reckless act unmindful of its consequences. Hence, he be acquitted of the charges framed or in the alternate convicted for a lesser offence and released on the period already undergone. The defence of Ravi is of denial and false implication. To the question No. 37 as to "Do you want to say anything else - he has replied:

(3.) POONAM P.W. -8 the mother of the baby Babita the deceased and sister of Ravi deposed that she was aged 24 years and was staying with the brother Ravi and Lala and used to work in the houses as a maid servant. She had three daughters, her eldest daughter Reshma aged 6 years was staying with her husband and Nonu @ Babita aged 3 years and Radha aged 2 years were living with her. She had a quarrel with her husband, so for the last two years she was staying with her brothers. On the date of incident when Babita died accused was drunk and it was about 10 or 11 AM when she entered the jhuggi and found Ravi beating her daughter. She tried to save her daughter from Ravi. At this Ravi pushed her. Due to beating given by Ravi the breathing of her daughter Babita @ Nonu became disturbed (saans upar niche ho rahi thi). She rushed to the hospital but she died on the way. Ravi also caused injury to her with an iron Tawa under influence of liquor and she sustained injury on her right leg. She stated that Ravi threw her younger daughter right on the ground due to which she fractured her leg. She did not know the reason why he threw her daughter. Ravi used to suspect her conduct as she used to go for work outside. A day prior to the incident also Ravi and Poonam had a quarrel. On cross -examination by learned APP she stated that in her presence Ravi threw her daughter Babita @ Nonu on the ground.