KAMLABAI TUKARAM GHARAT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant-original accused has preferred this appeal against the Judgment and Order passed against her by the learned Additional Sessions Judge, Raigad-Alibaug in Sessions Case No.83 of 1994. The appellant is convicted for the ofence punishable under Section 302 of the Indian Penal Code and sentenced to sufer imprisonment for life and to pay fne of Rs.1000/- in default to sufer rigorous imprisonment for three months. The appellant is acquitted for the ofence punishable under Section 317 of the IPC. The State has not preferred appeal against the said order of acquittal.

(2.) The facts giving rise to the present appeal can be summarized as under:-

(3.) The police took Hirabai, child and appellant/accused to Uran police station. All of them were referred to Rural Hospital, Uran. As there were no proper facilities to treat the child, the child was referred to the Civil Hospital, Alibaug. Police Constable Anagha Hukeri (PW-4) and Nazir Sharif (PW-7) brought the appellant/accused and child to the Civil Hospital at 8.00 p.m. Medical Ofcer Dr. Archana Prabhu (PW-8) examined the child as well as appellant/accused and admitted them to maternity ward. The appellant/accused and child was allotted Cot No.4. Medical Ofcer directed Anagha Hukeri (PW4) to keep watch on the appellant/accused and child. She took permission of her head nurse and went to the washroom. At about 9.00 p.m. nurse attached to maternity ward found that the child was movementless. Hence, Dr. Ajit Gawali (PW-12) was called, who examined the child and declared her dead. Dr. Baby Gawappa Patil (PW-9) performed postmortem on the child. She opined that the child died due to strangulation. Hence, crime bearing No.89/1993 was registered against the appellant/accused.