SMT. AMNA AND ANR. Vs. STATE

JUDGEMENT

(1.) Smt. Amna and her mother Smt. Bano have appealed against the order of the learned 1st Temporary Civil and Sessions Judge, Aligarh, convicting and sentencing them to imprisonment for life Under Sec. 302/34 IPC, two years' rigorous imprisonment Under Sec. 318/31 IPC and five years' rigorous imprisonment Under Sec. 201/34 IPC.

(2.) A female illegitimate child was born to Smt. Amna at about 11.00 a.m. on 7 -2 -1968 in the latrine of the outhouses of Hamid Manzil, police station Civil Lines, Aligarh. She was living in one of the quarters of the outhouses with her parents, younger brothers, uncle and grand -father. Smt. Ram Devi, a sweeperess residing in one of the quarters of the outhouses, during her round of duty, came to know about the birth of the child. She conveyed this information to her mother. When her father Shiam Lal came back from his duty at about 7.00 p.m., he was informed by his wife about the birth of the child to Smt. Amna. Shiam Lal lodged a report at the police station at about 7.15 p.m. the same evening. It was alleged in the report that an illegitimate child had been born to Smt. Amna at about noon and the child had been concealed by Smt. Amna and her mother Smt. Bano.

(3.) The Sub -Inspector, Sri Shant Prakash Tewari (PW 5), immediately left the police station for Hamid Manzil In the way he picked up two Rickshaw pullers, Prabhu and Narain Singh (PW4). He went to the quarter of the accused and found Smt. Amna lying on a cot in a verandah and Smt. Bano squating by her side on the ground. On being questioned, Smt. Bano volunteered to point out the concealed body of the infant child. The dead body of the child was recovered from inside a room of the quarter under a table, placed in a cycle basket which was wrapped and covered by clothes. A blood stained Salwar belonging to Smt. Amna was also found at the same place and was taken into possession and sealed. From the latrine blood stained and plain earth were also taken and a recovery memo prepared. The Investigating Officer, performed the inquest and prepared the panchyatnama. The dead body was then sent for post mortem examination