SHABANA Vs. STATE

JUDGEMENT

(1.) The appellant, with her husband Mohd. Shafiq, stood trial in sessions case no.51/2013 registered on the basis of report under Section 173 of the Code of Criminal Procedure, 1973 (Cr.P.C.) submitted on conclusion of investigation into First Information Report (FIR) No.469/2012 of Police Station Nand Nagri, on the charge for offence punishable under Section 304 read with Section 34 of Indian Penal Code, 1860 (IPC), the gravamen whereof was that both of them in furtherance of their common intention had brought about death of a girl child Alisha, aged about 2 1/2 years, by subjecting her to constant beatings on or before 26.08.2012. It may be mentioned here that Alisha, the victim child, was daughter of Mohd. Shafiq (the husband of the appellant) from his first marriage with Nazreen (PW-1), the first informant of the case, they having separated from each other about 1 1/2 years prior to the incident.

(2.) The trial court, by judgment dated 26.07.2016, acquitted Mohd. Shafiq but held the appellant guilty, as charged, by convicting her under Section 304 Part-II IPC. By subsequent order dated 29.07.2016 while recommending compensation to be awarded by Legal Services Authority under Section 357-A Cr.P.C. to PW-1 (mother of the deceased child), the trial court awarded rigorous imprisonment for five years with fine of Rs. 2,000/- as punishment to the appellant directing that she would undergo further simple imprisonment for three months in the event of default in payment of fine holding her entitled to the benefit of set off under Section 428 Cr.P.C. The said judgment and order on sentence have been assailed through the appeal at hand.

(3.) The evidence presented before the trial court unmistakably reveals that the deceased child was taken to GTB hospital Delhi (the hospital) by the appellant on 28.08.2012 in critical state. The child died on the night intervening on 28.05.2012 and 26.08.2012 at about 01:25 hours during the treatment, the initial cause of death having been noted as "septicemia". On the death being brought to the notice of local police, inquest was conducted and a request made for postmortem examination to be conducted to establish the cause of death. The inquest papers would show that, amongst others, the statement of PW-1, the mother of the deceased child was also recorded in which she revealed that she had been informed by the neighbours of the husband on 26.08.2012 that her child had been killed by the appellant, the step-mother.