BABITA Vs. STATE

JUDGEMENT

(1.) This criminal jail appeal, arises out against the judgment and order dated 7-2-2000, passed by Sessions Judge, Pithoragarh, in S.T. No. 8 of 1999, State versus Smt. Babita, whereby the accused Smt. Babita has been held guilty of the offence U/S 302 I.P.C. and sentenced to undergo Life Imprisonment.

(2.) The brief facts of the prosecution case are that Mohan Singh, complainant is the husband of accused Smt. Babita. On 29-12-1998 he lodged the written report Ext. Ka.1 at P.S. Kotwali Pithoragarh, with the allegations that in the month of December 1998, he was posted in 130 T.A. Battalian, Baralu. He was married to Smt. Khasti Devi and two daughters Renu aged 7 years and Kavita aged 4 years were born from their wedlock. On 11-9-1998 Smt. Khasti Devi died at the time of her delivery. Thereafter he was married to the accused Smt. Babita on 9-12-1998. On 27.12.1998 the complainant along with his both the daughters and the accused came in Mohalla Siltham of Pithoragarh where they took meal together and got them photographed. After that complainant asked the accused to leave them at village Urai. On this Smt. Babita told him that he is a government servant and in case he will go with her to leave them, then he will not be able to attend his duties. So she herself will go along with the girls. On this complainant boarded them in a bus at Pithoragarh at 11 P.M. and came back at Baralu. The accused had to go to village Urai through Jajardevel and Kaligarh. It is said that on that day she did not go to Urai, but alongwith daughters left the bus in the way and went to village Gaithana, a nearby village to the road from Pithoragarh to Urai, where she lived with her cousin sister Smt. Godawari Devi. On 28.12.1998, the accused took a sickle with her and hidden it in a bag and proceeded for village Urai. Smt. Godawari Devi also sent her son Pankaj with her as he intended to go to village Urai. But when they came at Jajardevel road, accused offered the ground-nut to Pankaj and told that she is going to leave Renu and Kavita to their maternal uncle's house at Malapani and took the girls with her. It is further mentioned in the written report that after some time the accused came back alone after committing the murder of both the girls and she did not disclose this fact to Pankaj Singh. Thereafter she along with Pankaj went at her father's house in village Urai and on 29-12-1998 went alone at Baralu where she met the complainant. At 10.A.M. she told that Renu and Kavita have been missed somewhere. As Smt. Babita was somewhat nervous and was not speaking properly, so complainant did not believe her and called Jeewan Singh, brother of the accused. On making inquiry by them the accused told that the people were casting remarks against her that she has held marriage with a man of two daughters, so she felt offended and made up her mind to commit the murder of the girls. She confessed her guilt to the complainant and narrated the story that on 27.12.1998 she left the bus near Jajardevel and went at the house of Godawari along-with the girls and on 28.12.1998 at about 3 P.M. took a sickle from the Goath of Godwari and hidden it in a bag and came along with the girls on the road at bushes near a culvert. Firstly she asked Kavita to sit on the road and then took Renu downwards and cut her throat with the sickle. After that she repeated the same incident with Km. Kavita and hidden their dead bodies and the sickle in the bushes. Therefore, the complainant got scribed the written report by Jagat Singh Matwal and handed over at the Police Station, where on the basis of written report, chick F.I.R. Ext. Ka.4 was prepared and a case was registered against the accused vide G.D. report No. 24 at 13.30 P.M.

(3.) The investigation of the case was entrusted to S.I. Umesh Chandra Pant, who along with the complainant, the accused, necessary papers and police force came at Jagardevel, near Kaligarh bridge and asked the accused about the dead bodies, who told that she has committed the murder of Kavita and Renu near Gadhera and hidden their dead bodies in the bushes near Gadhera and she can point out that place. On this she along with the complainant, police and her brother went down about 150 meters to the road near Gadhera and pointed out that place where she committed the murder and also pointed out towards the dead bodies. The Investigating Officer took both the dead bodies into possession and prepared the request reports, letter to R.I., letter to C.M.O. and other papers Ext. Ka. 6 to Ka.14 and sent the dead bodies for post mortem.