SHAHJAHAN Vs. STATE

JUDGEMENT

(1.) SMT. Shahjahan and her mother Fatia alias Shakuran have filed this appeal against the judgment of II Temp. Civil and Sessions Judge, Moradabad dt. 23-8-1972 passed in Sessions Trial No. 120 of 1972. SMT. Shahjahan appellant has been convicted under Sees; 302, 201 and 318 IPC and has beem sentenced to life imprisonment and a fine of Rs. 400/- and in default of payment of fine to four months' R. I., fivs years R. I. and a fine of Rs. 200/- ami in default of payment of fine to tw? months' R. I., and one year R. I. respectively. SMT. Fatia appellant has been convicted under Sees. 201 and 318 IPC and has been sentenced to five years R. I. and a fine of Rs. 200/- and ito default of payment of fine to two months R. I., and one year R. I. respectively.

(2.) THE case of the prosecution is that Smt. Shahjahan appellant was married to Saddiq jabout seven or eight years before the occurrence and two children were born from this marriage. About five or six years before the occurrence Saddiq died and Smt. Shahjahan began to live alon? in her house in village Bhainsia and! did tailoring. She became pregnant and gave birth to an illegitimate male child on the night between the 4th and 5th November 1970. On 6-11-1970 in the evening when Shakooran (PW 1) went to her house she saw Smt. Shahjahan appellant placing the dead body Of a child inside a pit which had been dug inside the house and Fatia appellant was telling her to bury the child quickly. Smt. Shakooran (PW 1) thereupon raised an alarm on hearing which Itwari (PW 2) Jahir Ahmad (PW 3) arid Kallu (PW 4) came inside the house of Smt. Shahjahan and saw the dead body of a child lying in a pit. Bhikka Chaukidar (PW 5) was thereafter informed about the incident and he came to the house of Smt. Shahjahan appellant and took out the dead body of the child from the pit and placed it near the door of the house of Smt. Shahjahan appellant.

(3.) SMT. Shahjahan appellant was examined by Dr. (Miss) K. Sharma on 7-11-1970 at 4.50 p. m. In her opinion SMT. Shahjahan had given birth two or three days earlier to a full time child by normal delivery.