ANJU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) By this appeal under Section 374 of Cr. P. C. appellant has challenged judgment of First Additional Sessions Judge Neemuch dated 5/1/2011 in Sessions Trial No. 103/2009 convicting the appellant for offence under Section 302 of IPC and awarding the sentence of life imprisonment with fine of Rs. 500 and default imprisonment of one month.

(2.) The appellant has been convicted for committing murder of her two children namely Karan @ Gudda age 9 years and Ayushi age 7 years.

(3.) Prosecution case is that on 7/8/2009 at 8. 30-9. 00 a. m. a report was received from Prahlad Singh that appellant being his wife resides with him and that he has 9 years old son Karan Singh @ Gudda and 7 years old daughter Ayushi. On the day of incident his son Karan was standing near him and daughter Ayushi was with appellant then appellant had taken Karan also inside the room and locked the room from inside. He had heard his son Karan shouting 'papa' and had found that the door of the room was closed from inside. He had tried to push the door but the door did not open then his uncle Mohan Singh etc. had opened the door and it was found that appellant was having an iron 'Musal' and Karan Singh and Ayushi were lying unconscious having injuries on the head and bleeding. Apart from the appellant and two children there was no other person inside the room and appellant had caused injuries to the two children. Children were taken to the hospital, where during the course of treatment, they had died, hence the offence under Section 302 of IPC was registered against the appellant. The FIR was registered in the police station Neemuch Cantt. Vide Ex. P-1, Naksha Panchanama Ex. P-4 & Ex. P-5 was prepared. The blood of the deceased was seized in a plastic box Ex. P-6, iron Musal was seized vide Ex. P-7. Blood stain cloths such as Saari, Blouse, Petikot were seized. Photographs of the deceased Ex. P-25 to Ex. P-29 were taken and both children were sent to hospital where they were declared dead. Postmortem reports Ex. P-21 and Ex. P-23 were obtained and appellant was arrested vide Ex. P-24. Seized articles were sent to FSL and after completing the investigation challan was filed. The appellant had abjured the guilt, therefore trial had taken place in which appellant has been convicted in the manner indicated above.