RAJJOO Vs. STATE

JUDGEMENT

(1.) THIS is an appeal from the judgment and order of Sri H. C. Lal, VI Additional Sessions Judge, Kanpur by which he convicted the appellant (Smt. Rajjoo) under Sections 302 and 201 IPC and sentenced her to imprisonment for life under the first count and two years' R. I. under the second count.

(2.) THE appellant is the second wife of one Bankat; he had married her after the death of his first wife. From his first wife he had one son and a daughter. THE name of the daughter was Chhidiya deceased. At the time of the incident (July 1973) she was about ten or eleven years old. From the appellant also Bankat had several children. THE appellant illtreated Chhidiya and often used to beat her. On 3-7-11973 Chhidiya went out to gather 'Jamun' without telling the appellant about it and returned to her house at about 5 p. m. As she returned very late the appellant lost her temper and started assaulting her first with a Peerha and then with a Hansiya. She was badly injured and she succumbed to her injuries. THEreafter, it is said that the appellant took her dead body to the 'Khandhar' of Mahangu and concealed it there. Bankat came to his house in the night and started searching Chhidiya. Ultimately, with the help of Pancham (PW 3) and Mahangu (PW 5) he discovered the dead body of Chhidiya in the Khandhar of Mahangu. All the three of them then questioned the appellant about the death of Chhidiya and she confessed to have killed her and concealed her dead body in the Khandhar of Mahangu. In the morning news spread! in the village that the appellant had killed Chhidiya. Roop Lal (PW 1) Pradhan of the village and Ram Asrey (PW 2) went to the house of the appellant in the morning and they also questioned her about the death of Chhidiya. Before them also she confessed that she had killed Chhidiya. She implored them to excuse her. After a while Roop Lal dictated a report to Ram Asrey and then sent it to P. S. Ghatampur through one Maiku Lal. Maiku Lal delivered the report at P. S. Ghatampur at 6.30 a.m. On the basis of that report a case was registered against the appellant. S. I. Ram Kirat Singh was present at the police station when the report was received and he immediately left for the spot reaching there at about 9 a. m. He first held an inquest on the dead body of Chhidiya and then sent is duly sealed to Kanpur proper for post-mortem examination.

(3.) ACCORDING to auto spy surgeon, death of the deceased was due to shock and haemorrhage as a result of the fracture of ribs.