RADHE SHYAM Vs. STATE

JUDGEMENT

(1.) The appellants are parents of a young girl who was aged about 6/7 years at the time of the incident. They have been convicted by the Additional Sessions Judge, Delhi under sections 302/34 Indian Penal Code for the murder of their daughter. The admitted position is that Rekha daughter of appellants died due to fall in the river Yamuna from the old Yamuna bridge at about 10.30 P.M. on 29th May, 1989. The prosecution case is that the appellants had intentionally thrown Rekha .in the river to get rid of her because she was a handicapped child, her right leg having been amputated near the knee, as a result of which the appellants allegedly believed that her marriage would not be possible. On the other hand according to the appellants Rekha fell in the river on account of an accidental slip from the lap of her mother, appellant No.2. In their statement under section 313 Criminal Procedure Code . the stand of the appellants was that they were coming on,a scooter driven by appellant No.1 from some relation's house in Shahadara after having dinner. The sketch site plan (Ex.PW-17/A) shows that the appellants had crossed the bridge and immediately thereafter he had parked his scooter. The appellant No.1 stopped to ease himself. The girl was in the lap of her mother, appellant No.2. She wanted to see the river. The appellant No.2 went to the bridge and while she was showing the river the girl slipped from her hands and fell. into the river.

(2.) The short point for determination in the present case is as to whether it is a case of accidental death or intentional throwing of the child into the river and thereby committing murder of the child. The medical evidence in the present case is not of much relevance. It is a case of death of the child on account of fall from the Yamuna bridge into the river Yamuna. The MLC Ex. Public Witness -12/A and the post mortem report Ex. Public Witness -9/A establish the factum of death of the child. In fact -as per the MLC the child was dead when it was brought to the hospital. The MLC further records that the child was wholly wet and cold with no signs of breathing. She was also covered in sand because after taking out the body from the river it was kept on the bank of the river where there is sand all around. It is important to note from the post mortem report that there was no sign of any violence or injury inflicted on the child before her fall into the river. According to Dr. M.P Sarangi, Public Witness -9 who conducted the post mortem, the cause of death was drowning consequent upon fall most probably. The viscera examination gave a negative report which rules out any poisoning or drugging of the child before she fell into the river. The viscera was preserved and sealed to rule out the possibility of oral poisoning.

(3.) There are no eye witnesses of the occurrence. The prosecution examined three local persons besides Public Witness -13, Devinder Kumar a passer-by in support of its case.