GEETABAI TUKARAM AMBRE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is a tragic story of a young mother who is alleged to have killed her new born child out of frustration and desperation, presumably out of social compulsion and stigma attached of having delivered a child without marriage. Ku. Geetabai Tukaram ambre appellant herein was charge sheeted and tried by the Additional Sessions Judge, Thane for the offence punishable under sections 302 and 201 of Indian Penal Code. As per the impugned judgment, the appellant was sentenced for life under section 302 of Indian Penal Code. Though she was found guilty and convicted by the court below for the offence punishable under section 201 of indian Penal Code, no separate sentence has been awarded by the Court below.

(2.) ACCORDING to prosecution, the appellant was serving as nurse in the Government Hospital at village Sakhuria in September, 1981 and was residing at neighbouring village called Valvanda. She was living alone. It is alleged that in september, 1981 she delivered a male child in her house at Valvanda. That delivery was performed by one Sitabai Laxman Bambre who was also serving as mid-wife in the Government Hospital at village sakhuria. It is the case of the prosecution that on September 29, at night the appellant had started delivery pains. One Chaitibai who was a close neighbour of the appellant rushed to the house of Sitabai, a mid-wife. Sitabai then went with Chaitibai to the house of the appellant and assisted the appellant for delivering a male child. Sitabai however, went back after the delivery at 12. 00 mid night. According to the case of the prosecution, when Sitabai again went to the house of the appellant on the next day morning for bathing the child, the appellant told her that she had already taken bath and also bathed the child and asked Sitabai to go away. She again went to the house of the appellant in the evening. But she got the same reply from the appellant. On both the occasions, Sitabai did not see the child in that house. Sitabai again went to the house of the appellant in the morning on 3rd day. At that time she also did not find child in the house. This arose suspicion in the mind of Sitabai. She went to the Sarpanch of the village Janu Guna and told him that she suspect some foul play with regard to the child and she suspected that the child must have been died. Thereupon Janu Guna prepared a report and sent to the police station, Jawhar.

(3.) P. S. I. Gopichand Patil, P. W. 7 on receipt of the said report on 1-10-1981 started enquiry. He went to Valvanda. However, he found the house of the appellant locked. He went to Jawhar in search of the appellant, but he could not find her. After collecting permanent address of the appellant from the office of the B. D. O. sent a head constable dalvi at the address of Bombay directing to bring the appellant. Accordingly head constable Dalvi went to Bombay and brought the appellant and produced her before P. S. I. Patil on 4-10-1981. P. S. I. Patil then made an enquiry with the appellant about the child and she gave evasive reply. He sent the appellant for medical examination and she got examined by Medical officer. Medical certificate shows that she had recently delivered a child. Thereafter P. S. I. Patil lodged complaint against appellant and Crime no. 60 of 1981 was registered and appellant was arrested.