LILABEN RANAJI VANZARA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant came to be tried by Sessions Court, Kheda, at Nadiad, in Sessions Case No. 254 of 1999, for offences punishable under Sections 302 and 201 of the Indian Penal Code ("i. P. C. " for short) along with two co-accused, Mumtaben Laljibhai Vanzara and Gitaben Ranaji Vanzara. The Sessions Court acquitted the two co-accused, Mumtaben and Gitaben, by judgment and order dated 18. 11. 2004 in the said Sessions Case, but convicted the present appellant for the said offences and sentenced to undergo imprisonment for life and to pay a fine of Rs. 5000/-, in default, to undergo simple imprisonment for one year for the offence of murder punishable under Section 302 of the I. P. C. and further sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 2000/-, in default, to undergo simple imprisonment for six months for the offence punishable under Section 201 of the I. P. C. The sentences were ordered to run concurrently and benefit of set off was also given to the appellant. Hence, this appeal.

(2.) AS per the prosecution case, the appellant delivered a baby boy on 25th January, 1999, around 10. 30 P. M. in Primary Health Centre, Limbasi. Soon after the delivery, she left the Primary Health Centre against medical advice along with the baby boy and the two other co-accused. In the early hours of the next morning, dead body of a baby boy was reported to be lying in a ditch near Primary Health Centre, Limbasi. The staff members, therefore, rushed to the spot. Witnesses, Manharben and Meenaben, P. Ws. 4 and 5, respectively, identified the dead body of the baby boy to be that of the baby boy, delivered by the appellant. Ultimately, an F. I. R. was lodged by Balwantsinh Chandrasinh Jadeja (P. W. 1) with Limbasi Police Staiton. Offence was registered and investigated and, ultimately, charge sheet came to be filed before Judicial Magistrate, First Class, Matar, who, in turn, committed the case to the Court of Sessions and Sessions Case No. 254 of 1999 came to be registered.

(3.) LEARNED Advocate, Miss. Bharti Rana, for the appellant and learned Additional Public Prosecutor, Mr. Mengdey, for the respondent-State are heard.