RAJ DULARI Vs. STATE

JUDGEMENT

(1.) This criminal appeal is directed against the judgment and order dated 27.4.1981, by which the learned Sessions Judge, Unnao convicted the appellant under sections 302 and 309 of Penal Code and sentenced her to imprisonment for life and six months R.I. on both counts respectively, for committing the murder of her own son aged about three months and for making an attempt to commit suicide on 26.6.1978 at 12.30 P.M. in village Pansaria, PS. Bighapur, Distt. Unnao.

(2.) The prosecution case rested on circumstantial evidence. It was said that in the morning there was scuffle between the appellant and her husband Ram Ratan (PW-6), during the course of which he slapped or beat her and provoked by this misbehaviour of husband, she set fire to her three months son Pankaj Kumar and thereafter jumped into a well, to end her life, but was saved by the villagers. According to the story Chheda (PW-1), Babu Lal (PW-2) and Bhola noticed at about 12.30 p.m. that a thick smoke was bellowing from the house of appellant and she herself was running out therefrom. On reaching there, they found the kothari bolted from outside. On opening it they saw Pankaj Kumar was in flames on the floor. The appellant who had allegedly jumped into the well, was rescued by Bhagwati (PW-4) and Alopi (PW-5). It was alleged that the appellant was repenting and saying that she should not be saved as she had killed own son. The boy died on the spot. Chheda lodged the FIR on the same day at 6.10 p.m. with police station Bighapur. The investigation was taken up. The dead body was sent for post-mortem examination. Dr. Jai Narain Bajpai PW-7 who performed autopsy on the dead body on 27.6.1978, found extensive ante-mortem burn injuries. The appellant was also medically examined in jail on 29.6.1978. As many as seven injuries were found on the person which according to the doctor were about three days old. After the necessary investigation, the police submitted a report for prosecuting the appellant for killing her own son and for making attempt to commit suicide.

(3.) The appellant came with a case that it was her sister-in-law who had set fire to her and her son and not only this had also thrown her into the well. In other words, she denied the charges framed against her.