LABUBEN JAYANTILAL SAGATHAIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THESE appeals arise out of the common judgment dated 11.09.2001, rendered by learned Additional Sessions Judge, Rajkot, in Sessions Case No.179 of 1996. The appellant of Criminal Appeal No.828 of 2001 was the original accused. She was charged with offences punishable under Section 302 and 201 of the Indian Penal Code ("IPC"). By the impugned judgment, she was convicted for offence under Section 304 PartII of IPC and sentenced to rigorous imprisonment for five years. The accused has therefore challenged conviction and sentence by filing Criminal Appeal No.828 of 2001. The State has preferred Criminal Appeal No.930 of 2001, contending that the conviction should have been under Section 302 of IPC.

(2.) BRIEFLY stated, the prosecution version was that the accused Labhuben married to Jayantibhai Bhalabhai. Jayantibhai was previously married and divorced twice. With accused Labhuben, this was his third marriage. Jayantibhai had a son Sanjay alias Anil from the previous marriage. He also resided with Jayantibhai and Labhuben. He was aged about ten years. On 29.09.1995, Labhuben, the stepmother of Sanjay, gave a blow on his head with a Dhoka (a wooden instrument used for washing clothes). Due to the blow, Sanjay become unconscious. He was wrapped in a Saree. Late at night, the accused threw him into a water tank due to which he died. Charge was framed at Ex.1 alleging that by the above acts, the accused had committed offences punishable under Sections 302 and 201 of the IPC.

(3.) IT is the case of the prosecution that when the family realised that Sanjay was missing, everybody started looking for him in the house, in the neighbourhood and at other places where he was likely to be, but he was not found. Late at night, father of Sanjay noticed his school bag near a water tank on the ground floor of the apartment where he was residing. Upon closer scrutiny saw his shirt. When he pulled out the shirt, body of Sanjay alias Anil came out of the tank.