KU HINDA BAI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPELLANT Ku. Hinda Bai, feeling aggrieved by the judgment and order of conviction, recorded by Third Additional Sessions Judge, Bhopal, in S. T. No. 459/1991, decided on 3-4-1992, has preferred this appeal. She has been found guilty for commission of offences under Sections 302 and 318 of IPC and has been awarded life imprisonment and imprisonment for one year, respectively.

(2.) ACCORDING to the prosecution story on 9-8-1991 in Village Kekadiya, the appellant who had given birth to a baby girl had strangulated and then buried her.

(3.) P. W. 1 Ganpat had informed the police with regard to the fact that appellant had delivered a baby girl but the dead body of the baby girl was found near the field of Sardar. Station House Officer, Ratiwad sought permission to dig the dead body. At the instance of the appellant vide memos Ex. P-2, Ex. P-4 and Ex. P-5, dead body of the baby child was recovered. The dead body was sent for post-mortem examination. P. W. 14 Dr. Bhanu Prakash Dubey conducted the post-mortem and found that the death was due to strangulation. He accordingly opined that the death of the child was homicidal in nature. Appellant was also examined by P. W. 15 Dr. K. Naik. She also deposed that appellant had delivered a child within 48 to 72 hours from the time of her examination. Ex. P-20 is her report. During the course of investigation, on the strength of merg intimation, it was found that the appellant was unmarried at the time she delivered a child. Thus, with intention to hide this fact that she had delivered a baby girl, she strangulated her and then buried the dead body in an open area.