NAFISA Vs. STATE OF M P

JUDGEMENT

(1.) The appellant, by filing this appeal, has lodged her grievance against the judgment dated 19.11.1998 passed by the learned Addl. Sessions Judge, Garoth District Mandsaur in Sessions Trial No. 225/93 thereby convicting the appellant under sections 302 and 201 of the Indian Penal Code and sentencing her to imprisonment for life with fine of Rs. 2,000/-, in default of payment of fine to suffer additional R.I. for one year and to suffer R.I. for five years with fine of Rs. 1,000/-, in default of payment of fine to suffer additional R.I. for one year respectively.

(2.) Laconically, the facts of the prosecution case as put forth before the trial Court are that on 26.02.93, at village Boliyua in Kanthali river a corpse of an infant male child was found floating by Chowkidar Narayan who reported this fact to Police Station Garoth. The police registered a MARG intimation Ex.P/1. A Panchnama Ex. P/2 was prepared by the police and the corpse of the male infant was sent for postmortem examination to the hospital, which was conducted by Dr S.S. Vijayavargiya (PW-11) The postmortem report is Ex.P/12. According to the medical expert, the death of the child was homicidal in natured and the cause of death was asphyxia within 48 hours from the time of postmortem examination. In MARG inquiry, it was revealed that the appellant was an unmarried woman having a foetus and she gave birth to a male child and thereafter committed murder of this child by strangulating and threw the corpse in the river. The spot map prepared is Ex. P/4. The appellant was also got medically examined and her medical report is Ex. P/10 given by Dr Chaudhary (PW-13). Police registered crime against the appellant. The FIR is Ex. P/14. After due investigation, the appellant was charge-sheeted for the above noted offences.

(3.) The appellant denied the charges and submitted that she was never having any pregnancy while she was virgin and only after her marriage she gave birth to a male child and that she has been falsely implicated due to enmity in the village.