BAIJANTI BAI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) In a dogmatic society where old school of thought prevails, woman in her child-hood has to remain under control of her father, in married-life under control of her husband and in her old age under control of her sons. This is an unfortunate case, where it is alleged by the prosecution that on 24-8-1982 at village Khonkhar appellant who belongs to a community of scheduled caste was compelled to end her life by jumping in the village well, with a small female child in her lap, to commit suicide. However, the appellant was saved and survived, but the life of her female child was lost in the incident.

(2.) Chowkidar of the village Khonkhar, Thakuri (P.W. 3) lodged a report (Ex. P/1) at Police Station Kolaras informing that appellant Baijanti at about 3.00 p.m. jumped in the village well with her daughter Laxmi, aged about 12-13 days. However, the appellant was saved by her husband Nehnu (P.W. 9).The female child could not be saved who died in the incident. When the appellant was questioned about the incident, she told villagers that she had attempted to commit suicide because of intolerable pain in her stomach from the time of her delivery. The Police registered the offence under S. 309/302, IPC and in an inquest prepared the Panchanama (Ex. P/3) of the dead body. Dr. B. D. Sharma (P.W. 12) who performed postmortem of the dead body of the girl child Laxmi (Ex. P/12) found swelling on eyes present, blood-stained froath coming out from nose and mouth. The cause of death was asphyxia due to drowning. Dr. B. D. Sharma had also examined the appellant (Ex. P/13) and found no external or internal injuries over her body. However, she was suspected to be an old case of Koch's Abdomen Pul Tuberculosis.2-A. The appellant had denied the charge and stated in her examination, recorded under S. 313, Cr. P.C. that while she was taken for treatment by her husband for her colic pain, however the pain was so severe that she fell unconscious on her way, in the well. The girl child in her lap, when she fell in the well, died in the incident.

(3.) The learned Additional Judge to Sessions Judge, Shivpuri in Sessions Trial No. 108/82 by the impugned judgment dated 22-3-1984 convicted the appellant for life imprisonment under S. 302, IPC. and three months' simple imprisonment for offence under S. 309, IPC.