RUKHMINA DEVI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is an appeal against the judgement and order passed by Mr. Brij Mohan, the then 1st Additional Sessions Judge, Ballia on 11-9-1978 in Sessions Trial No. A. 167 of 1974, wherein Smt. Rukmini Devi has been convicted and sentenced under S.302, I.P.C. to imprisonment for life and under S.309 I.P.C to three months simple imprisonment and the two sentences have been made concurrent.

(2.) The occurrence took place between 6.00 a.m. and 9.00 a.m. on 19-6-1974 in village Basirkpur, which lies within the police station of Haldi of district Ballia. The first informant is Laxman Prasad, the husband of Smt. Rukmini Devi, Appellant. An information was first communicated to the Thana concerned through Ext. Ka-18, a memo sent by Dr. K.N. Pandey which was received in the Thana at about 11.30 a.m. and on the basis of the same, the Investigating Officer came to Primary Health Centre, Dubahar where the deceased boy as well as the appellant were present. Laxman Prasad was a also there and he handed over to the Investigating Officer first information report in writing Ext. Ka-1 at 12.45 p.m. which was dispatched by the Investigating Officer to police station, Haldi, where it was received and the case was registered on 19-6-1974 at 2.00 p.m.

(3.) The deceased in this case is Arbind Kumar aged about 3 years according to the medical evidence 5 years) son of Smt. Rukmini Devi and Laxman Prasad. Dr. K.N. Pandey (P.W. 11) as soon as he saw the boy, examined him and found that he was already dead, and thereafter the dead body was brought to Ballia where post-mortem examination was conducted by Dr. P.N. Rai (P.W. 4) on 20-6-1974 at 10.00 a.m. The report Ext. Ka-2 shows that the probable time since death was about one day and the following ante-mortem injuries were found on the dead body :