SUMITRA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 29th July, 1994 passed by the 2nd Additional Sessions Judge, Yavatmal in Sessions Trial No. 99/1993, under which, the learned Additional Sessions Judge found the appellant-Sou. Sumitra w/o Shriram Pimpalkar guilty for having committed offence punishable under section 302 of Indian Penal Code and sentenced her to suffer imprisonment for life and to pay a fine of Rs. 100/-; in default, to suffer S. I. for eight days. He also found the appellant guilty for having committed offence under section 307 I. P. C. and sentenced her to suffer R. I. for five years and to pay a fine of Rs. 100; in default, to suffer S. I. for eight days. The substantive sentences were ordered to run concurrently and the appellant was also granted set off for the period for which she was in jail as a under trial prisoner.

(2.) THE appellant is the mother of the two small children who are alleged to have been killed by her by throwing them into the well; and the third one whom, she attempted to kill by taking her in arms and jumping herself in the well and in the transaction made an attempt to commit suicide. These children are born to her from Shriram s/o Letu Pimpalkar (P. W. 1) out of the wedlock. The eldest child being a son by name Balya, aged 5 years; the next being a daughter Ku. Mangla, aged 3 years and the third and the youngst of them being daughter Ramla, who was delivered just two months before the incident. The appellant belongs to labour class and the income of the family was out of labour. According to the prosecution, after delivering the girl child, viz. , Ramla, the appellant who was not keeping well and was staying at her house.

(3.) THE appellant alongwith her family was residing at village Lokhand Bardi, Kolam Pod in Yavatmal district and the incident is alleged to have occured at a well situated in the nala of Lokhand Bardi. On or about 18-12-1992, the husband of the appellant Shriram Pimpalkar and mother-in-law Bainabai (P. W. 1 and 8 respectively) had gone to work alongwith other labourers, leaving the children Balya, Ku. Mangla and Ramla with the appellant. One Shantabai w/o Chandrabhan Rampure (P. W. 6), who had gone to fetch the water from the well, saw the appellant throwing her son-Balya and daughter-Mangla in the well and after throwing Balya and Mangla, she too jumped in the well alongwith her another daughter Ramla, on which, Shantabai started shouting. On hearing the shouts, Ramkrishna s/o Suryabhan Debur (P. W. 3) who was first to reach the site, was informed that one woman has jumped into the well. On seeing the woman sinking in the well he jumped into the well, caught her and brought her out of the well. He has also noticed one small girl child floating in the water. By that time, the other witnesses, viz. Tukaram s/o Kejya Ghotekar (P. W. 2), who happens to be the father of the appellant has also reached the scene of offence and jumped into the well and saved the younger daughter of the appellant, who was floating in the water and took her out. By this time, Bainabai (P. W. 8) mother-in-law of the appellant, had also reached the place of incident, on hearing the shouts that the appellant Sumitra had fallen into the well, followed by Shriram Pimpalkar (P. W. 1) husband of the appellant alongwith others. P. W. 1 Shriram Pimpalkar lodged a report with police station, Yavatmal city about the incident. The police reached the spot. In the presence of panchas, the police prepared Inquest panchanama (Exhibit-19) of the dead bodies of Balya, which is at Exhibit-18 and that of Ku. Mangla (Exhibit-19); in the presence of the panchas. The dead bodies of the children Balya and Mangla were then sent for post mortem examination. The police prepared the panchanama of the spot of occurrence in the presence of panchas at Exhibit-27. The police also seized the clothes of Balya and Mangla, under seizure panchanama, (Exhibit-23) which were brought from the hospital, and recorded statements of witnesses to the incident. The post mortem report of deceased Balya and Mangla (Exhibit-21 and 20 respectively) was received. In the opinion of the Doctor, who conducted the autopsy, the cause of death was due to asphyxia due to drowning. On conclusion of the investigation, the Police Station Yavatmal city filed a charge-sheet in the Court of Chief Judicial Magistrate, Yavatmal, who committed the case for trial to the Court of Session.