FAREEDA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment dated 03. 01. 1995 passed by First Additional Sessions Judge, Khandwa in s. T. No. 119/1993, whereby the appellant was convicted under section 318 of the IPC and sentenced to undergo S. I. for 1 year. By this judgment only, the appellant was acquitted of the offence punishable under Sections 302 read with 109 whereas the co-accused namely Sheikh Mehboob was acquitted of the offences under Sections 302 and 201 of the IPC. Admittedly, no appeal has been preferred by the State against the order of acquittal.

(2.) THE prosecution case, in short, is that on 27. 06. 1992 at about 6 p. m. , dead body of a newly born child was found floating in a well, situated near the house of Dandu Kahar in village chhaigaon Makhan. Inquiry into the merg (death case), registered upon information given by Deepak (PW8) revealed that -

(3.) IKHTIYAR Bi (PW7), mother of the appellant, did not corroborate the prosecution version. She even denied the factum of the appellant's pregnancy. However, Dr. Smt. Raksha Sharma (PW1), who had the occasion to examine her on 10. 07. 1992, categorically opined that the appellant had delivered a full term child within 14 to 21 days. In the cross-examination, she further explained that it was not a case of abortion. The physical features described by the lady doctor in the report (Ex. P-1) were sufficient to fortify her conclusion.