SUDHA Vs. STATE DELHI ADMINISTRATION

JUDGEMENT

(1.) A normal male child was born to Sudba, the appellant herein, on 20th February, 1984 at about 10 p.m. That illegitimate baby was strangulated and the dead body was found in the possession of Sudha's mother Angoori Devi (who was a co-accused) at about 10.30 p.m. when, it is alleged she was seen attempting to dispose it of near a Ganda Nullah by one Daulat Ram(P.W.3). The appellant and her mother Angoori were tried for the offence of murder. Angoori Devi was further tried for an offence under Section 201 of the Indian Penal Code. The charges framed by the trial court are as follows:

(2.) Neither the appellant nor her mother in their statements under Section 313 of the Code of Criminal Procedure contested the factum of the delivery of the child. The fact that the child died because of manual strangulation stands proved by the testimony of Dr. L.T. Ramani (P.W.4). Dr. Ramani conducted the post-mortem on 22nd February, 1984. In his opinion the injuries found were anti-mortem and were caused by manual strangulation and were sufficient to cause death in the ordinary course of nature. According to him, the death of the child was due to asphyxia resulting from manual strangulation. The doctor deposed that, "the infant was full term and live born".

(3.) Although, opportunity was given. Dr. Ramani was not cross-examined. Thus, the finding of the trial court that the child died because of manual strangulation is to be upheld.