NASIMBEN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Criminal Appeal is filed by the appellant original accused against the judgment and order of conviction dtd. 21/2/2015 passed in Sessions Case No.38 of 2012 whereby the learned Sessions Judge, Amreli convicted the appellant for the offences under Sec. 302 and 201 of the Indian Penal Code and sentenced her to undergo life imprisonment with a fine of Rs.2,000.00 i/d to undergo further six month's simple imprisonment.

(2.) On 22/11/2009, the complainant Rasidkhan Mahmadkhan gave a complaint before Amreli Police Station being IC.R.No.162 of 2009 against an unknown person to the effect that he is residing at Sandhi Society, Amreli along with his one of the sons Mahmadkhan, his wife Shabnam and grandsons Shamil aged about 07 years and Aman, who was aged about 03 years. On the day of incident i.e. on 22/11/2009, till 6:00 O'clock, both his grandsons were playing in the house. The complainant visited the house of neighbor Najuben for tea and, therefore, he took Shamil with him. After some time, Shabnam, his daughterinlaw had rushed to the house of Najuben complaining about missing of Aman though she tried to search him. Therefore, the complainant started to search whereabouts of his grandson Aman in nearby area and also asked Nasimben appellant (accused), who also resides in the same Sandhi society, however, he could not trace Aman. It is further alleged in the complaint that, at about 9:00 O'clock, he was told by his daughter Nasim, who along with her neighbour Rukshanaben was also trying to search Aman, that they found deadbody of Aman and thereafter Rukshanaben and Shabnam took Aman to civil hospital. After some time the complainant received phone call of his son Mahmadkhan who informed him that he came to know from the doctor that his son Aman is dead. Thereafter the complainant went to Civil Hospital where he found dead body of Aman having cut on his neck wherefrom blood was oozing. The deadbody of Aman was found from bushes opposite to the house and, therefore, the complainant filed complaint against the unknown person.

(3.) Dr. Dharmesh Pravinchand Gandhi, Prosecution Witness No.1, has stated in his examinationinchief at Exh.9 that on the day of incident i.e. on 22/11/2009 when he was present at Amreli Civil Hospital as Medical Officer, at about 1:15 at night Police Inspector M.K.Parmar brough dead body of one Aman Mahhamadbhai Pathan, aged about 3 years, resident of Sindhi Society, for the purpose of postmortem with copy of Inquest Panchnama. He started postmortem at about 7:45 in the morning of 23/11/2009 and concluded it at about 9:00 o'clock. He described the lividity and the condition of dead body. He also described the external and internal injury and stated that injuries caused on the neck of the deceased could be possible by Muddamal Articles No.8 and 9 Knife. In his cross examination he negated that on account of thread in the neck being hooked in the throne such injuries could be possible.