STATE Vs. BHAGWATI DEVI

JUDGEMENT

(1.) This Government Appeal preferred by the State under Section 378(3) of Cr.P.C. is directed against the judgment and order dated 17.10.1997 passed by Sessions Judge, Pithoragarh, in Sessions Trial No.24/1993, State versus Smt. Bhagwati Devi, whereby accused-respondent Smt. Bhagwati Devi has been acquitted of the charge of offence punishable under Section 302 I.P.C.

(2.) Prosecution story in brief is that informant Amar Singh, father-in-law of the accused Bhagwati Devi, gave a written report on 8.11.1992 to the Patwari concerned alleging therein that his daughter-in-law Smt. Bhagwati Devi alias Neema gave birth to a daughter on 6.11.1992, but the newly born child died on the evening of 7.11.1992. He requested the Patwari to complete the legal formalities. On this report the Patwari went to the house of the informant and the accused and completed Panchnama of the dead body of newly born child. The Patwari and the Panchas arrived at a conclusion that there was no injury mark on the dead body and she had died because she did not take feed of her mother. The Patwari permitted the informant to complete last ritual of the dead body, but soon thereafter the concerned Patwari changed his opinion on the basis of alleged statement of marriage, and so Patwari instead of handing over the dead body to the family members, sealed the dead body on the spot for conducting post-mortem examination. Post mortem was conducted on 9.11.1997 at 1.45 p.m. and one ante mortem injury as contusion was found in front of neck of the dead body. The doctor who conducted the post mortem was of the opinion that baby was born full term and cause of her death was asphyxia due to throttling. On this report Patwari registered a case against accused Bhagwati Devi under Section 302 I.P.C. During investigation, the investigating officer came to the conclusion that accused Bhagwati Devi killed her newly born daughter and so a charge sheet was submitted against her.

(3.) After submission of the charge sheet accused- respondent was committed to the court of Sessions and the learned Sessions Judge after hearing the parties framed charge of offence punishable under Section 302 I.P.C. against accused-respondent. The accused pleaded not guilty and claimed to be tried.