SUHASINI SUNIL CHAVAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant-accused was tried for the murder of her own child under section 302 of Indian Penal Code and was found guilty of the same. The learned Sessions Judge vide judgment dated 28-2-1997 sentenced the appellant to undergo imprisonment for life and fine of Rs. 500/- in default further rigorous imprisonment for three months. The period of detention during custody from 8-10-1995 to 28-2-1997 was set off under section 428 of Criminal Procedure Code.

(2.) THE prosecution case in nutshell is that the appellant got married with Sunil Chavan-P. W. 1 on 14-5-1995 and delivered a fully grown child on 3-10-1995. On 8-10-1995 at about 7. 00 a. m. the husband of the appellant as also her in-laws went to field and returned therefrom at about 9. 00 a. m. for taking breakfast. During this intervening period the appellant was alone in the house. When Sunil Chavan-P. W. 1 husband of the appellant and his parents returned they found the child was lying near the appellant and upon enquiries the appellant told them that the child had drunk milk and was sleeping. Sunil Chavan-P. W. 1 was further told that the child had swelling over the stomach in the night and in order to verify this fact Sunil Chavan removed the towel from the body of the child and found that the breathing of the child had already stopped and the child was dead. Sunil Chavan-P. W. 1 asked the appellant about the same and she told him that as the child was not his, she had pressed nose and mouth of the child and killed him. Thereafter an F. I. R. was lodged with the police and after completion of the investigation the appellant was put under trial.

(3.) IN support of the charge the prosecution had examined in all seven witness. The trial Court believed the evidence of Sunil Chavan-P. W. 1, husband of the appellant, Gangabai Chavan- P. W. 2, mother-in-law of the appellant and Radhabai Chavan-P. W. 3, aunt of the husband of the appellant as also medical evidence of Dr. Sanjay Bodhade- P. W. 5 and recorded the conviction of the appellant.