ANIMA EKKA Vs. STATE

JUDGEMENT

(1.) This is an appeal from a judgment and order dated September 09, 2016 passed by the learned Additional Sessions Judge, Andaman and Nicobar Islands, Port Blair in Sessions Case No.26 of 2016 ( Sessions Trial No.47 of 2014) convicting the present appellant under section 302 of the Indian Penal Code and sentencing her to suffer imprisonment for life (R.I.) with a fine of Rs.2000/-, in default, sentencing her to suffer rigorous imprisonment for a period of one month more.

(2.) The prosecution case, in short, is that on January 21, 2014, at about 9.00 a.m. when PW-1 was taking rest in his house, his wife (i.e. accused/appellant) went out to the village with an eight month old child in her lap. At around 12 noon, a neighbour informed him that the accused had beaten the child very badly as a result of which she had fallen unconscious. He rushed to the house of the informant and found that his wife was sitting there and the child was lying unconscious on her lap. After some time, the child died. On the basis of his a complaint case was registered under section 302 of the Indian Penal Code. Subsequently charge sheet under that section itself was filed.

(3.) In the trial that followed ten witnesses adduced evidence for the prosecution and the trial ended with conviction and sentence as mentioned above.