KAMAL BHANUDAS RAJGURU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant-original accused No. 1 in this case has preferred this appeal against the order of conviction and sentence dated 23-6-1987 passed by the learned Sessions Judge, Pune in Sessions Case No. 65 of 1987.

(2.) THE accused in this case was charged under S. 302, IPC along with the accused No. 2 for commission of offence of murder. Both the aforesaid accused were also charged under S. 201 read with S. 34, IPC for causing disappearance of the body of the child after commission of offence of murder. The trial court acquitted accused No. 2 and convicted accused No. 1 under S. 302, IPC for the said offence i. e. murder of her own child aged about 8 days and sentenced her to suffer RI for life. The trial court also convicted the accused No. 1 under S. 201, IPC and sentenced her to suffer RI for one year. The trial Court ordered that both these sentences to run concurrently. Against the aforesaid conviction and sentence the present appellant preferred the present appeal.

(3.) MR. Girme, the learned counsel appearing on behalf of the appellant contended that the trial court erred in convicting the accused under S. 302 as also 201 of the IPC, though in fact there is no evidence to that effect. It was contended on behalf of the appellant that in this case there is no direct evidence to show that the appellant caused the death of her own child - newly born male child. According to the appellant each and every circumstance relied upon by the prosecution can be explained on the hypothesis of innocence and this being the position the appellant deserved to be acquitted of all the charges levelled against her.