MAROTI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present appeal has been filed by the original accused challenging his conviction by learned Additional Sessions Judge, Kandhar, District Nanded on 11/7/2017 after holding him guilty of committing offence punishable under Sec. 302 of Indian Penal Code in Sessions Case No.06 of 2016. The accused has been convicted for allegedly committing murder of his own daughter aged three months.

(2.) It is not in dispute that P.W.1 Annapurna is the wife of accused. They were blessed with son Shyam and daughter Shivkanya. Accused was an agriculturist. They were resident of village Marshivni, Taluka Kandhar, District, Nanded.

(3.) The prosecution has come with the case that P.W.1 Annapurna lodged report with police on 22/11/2015 stating that she had returned from her parents house on 13/11/2015 with daughter Shivkanya, who was then aged three months. On 20/11/2015 around 10.00 a.m., she had made Shivkanya to sleep on cot in the house (locally called as Baaj ). Accused was at home. He told her that she should go to field and bring firewood. Therefore, she went to field. She came back around 11.30 a.m. The girl was groaning and therefore, she tried to take the girl, but accused was resisting her. She tried to breastfeed the girl, but the girl was not taking the milk. Therefore, she untied the cap tied to the neck of the girl (the cap is locally called as Kunchi/Kulai/Topda). Then she realized that there was scar like strangulating the neck. Thereupon she asked husband as to why he has done it, at that time, he told that the girl fell down from the cot (Baaj) and he has not strangulated her. Annapurna then raised shouts, as a result of which nephew came, then she herself, nephew and accused took the girl in Jeep for treatment at Dr. Jadhav's hospital, at Kandhar, however, he had not admitted the girl and, therefore, they went to Government Hospital, Vishnupuri, Nanded. After the Doctor examined Shivkanya, it was told that as the strangulation has been done, she is unable to breathe and, therefore, she was admitted, however, she expired at about 8.15 a.m. on 22/11/2015. On the basis of said FIR, offence vide Crime No.141 of 2015 was registered for the offence punishable under Sec. 302 of Indian Penal Code with Kandhar Police Station and further investigation was taken up.