MEENA Vs. STATE

JUDGEMENT

(1.) By this appeal, the appellant Meena is challenging the legality and validity of the judgment dated the 30th November, 1984 convicting her for an offence punishable under Section 302 of the Indian Penal Code. The appellant further challenges the order passed on the same day sentencing her to undergo rigorous imprisonment for life.

(2.) At the outset we may notice that the main prosecution witnesses did not support the prosecution case. As they had resiled from their earlier statements, permission was granted by the trial court to cross-examine those witnesses. According to the prosecution, the only eye witness to the occurrence was Public Witness 8 Munni Devi. In her statement under Section 161 of the Code of Criminal Procedure, she had stated that her daughter-in-law, i.e., the appellant herein had murdered her own infant son Ravi, aged 1 1/2 years. The witness in her earlier statement had stated that the crime was committed as she (the witness) had accused her daughter-in-law of having given birth to an illegitimate child. In her testimony, however, the witness denied having seen the occurrence or about having uttered the words imputed immediately before the incident.

(3.) The first information report was lodged on the basis of the statement (Ex. Public Witness I/A) made by the husband of the appellant herein. 0m Parkash in that statement stated that he had occupied a portion of House No. 10/138, Dakshin Puri, South Delhi about four days prior to the occurrence. The incident, we may notice is of 31st December, 1982. He was at the relevant time employed as a "Torch Man" at Alankar Cinema. He had left his house at about 10-45 A.M. on 31st December, 1982. At about 2-45 P.M. his mother, Munni Devi had come to the Cinema house and informed him that his wife Meena "was causing knife injuries on the person of my son Ravi after making him lie upon the charpai in the room. She further stated that my wife did not stop causing injuries even after she I was forbidden." In that statement, Om Parkash also referred to an extra judicial confession made by the appellant when he reached the house and found the dead body of the child. He stated "I asked my wife Meena as to who had killed the boy. At the first instance she did not speak but on persistently asking she replied that on morning her mother-in-law, i.e., my mother had taunted her to the effect that Ravi was an illegitimate child and was not born out of the lions of Omi. This hurt her and as a result of it she caused the death of her son with the help of a knife. She felt sorry for it and started weeping,"