BHANUMATI Vs. STATE OF U.P.

JUDGEMENT

(1.) This is a jail appeal by one Smt. Bhanumati alias Bimla convicted of the offence of murder under Sec. 302, I.P.C. and sentenced to undergo imprisonment for life by judgment and order dated 1.5.80 in S.T.No. 7 of 1980 by the First Additional Sessions Judge, Nainital.

(2.) There is practically no dispute about the facts. Appellant Smt. Bhanumati was working as a labourer on a daily wage of Rs. 3.00 in Jhari Mandir Nursary Barakauli Range, Sittarganj and had twin daughters. On 9.8.79, when all labourers came for their lunch break, Smt. Bhanumati also came back with them. Her daughters, who were very often seen crying out side were conspicuous by their absence. Whereupon, Smt. Bhanumati was questioned about there. Smt. Bhaumati had also not come to see her children from mid work, which was usual for her, because of these reasons the neighbours went into the hut of Smt. Bhanumati where both the daughters of Smt. Bhanumati were seen lying dead. On further queries Smt. Bhanumati conveyed that since. she could not feed her children with the wage of Rs. 3.00 per day, she had killed them. This state merit is said to have been given by her in presence of several persons including P.W. 1 Mangal Singh, P.W. 2 Bengali and P.W. 5 Bachan Singh. The other witnesses who were shown in evidence had left for Bangladesh and were no more available for evidence.

(3.) Out of the above, it appears that Mangal Singh held some official capacity as Forester of the Range. He prepared the first information report and sent the same to the Police Station. Chik F.I.R. prepared on the basis of this report was Ex. Ka 4. The police on arrival proceeded with necessary investigation. P.W. 6 S.I. Deshraj Singh conducted inquest upon the body of both the victims and sent the same for post mortem examination with constable Badan Singh P.W. 3 P.W. 7 Virendra Singh S.O. conducted rest of investigation, prepared the site plan and interrogated the witnesses.