SABI ALIAS SABITRI DEI Vs. STATE

JUDGEMENT

(1.) THE Appellant Sabitri Dei, wife of Chema Singh of village Chhotraipur was tried on the charge that on the night of 27th of October, 1969, she committed murder of her younger daughter Mali Dei, aged about four years.

(2.) CHEMA and Sabitri had two daughters Dasu (p.w. 1) is the elder daughter and the deceased Mali was the younger one. They are daily labourers by profession. On the date of occurrence, Chema Singh had been to a neighbouring village to work as a labourer. The Appellant, however, did not go for work but along with her elder daughter had been to some nearby fields wherefrom she returned home in the evening with some fish. While the Appellant was engaged in cooking the fish, her elder daughter Dasu (p.w. 1) went -to the house of her aunt. At that time she had noticed her younger sister Mali sleeping in the Dhinkisal (seed set apart for husking paddy) of their house. After a while, she came back home and found her mother (the Appellant) sitting silently and her younger daughter Mali lying dead in a pool of blood in the Dhinkisal. On her enquiry from her mother, the latter did not say anything but simply caught hold of her hand and took her towards the jungle near the village. Some time thereafter Chema returned home and finding his younger daughter lying dead in a pool of blood raised an alarm, hearing which some of the villagers came to the spot and finding the girl dead and the Appellant and p.w. 1 missing from the house, they instituted a search for them in the neighbourhood. Finding no trace either of the Appellant or of p.w. 1, one Baghu Singh (p.w. 2) went to the police station and lodged information (Ext. 2) at about 7.00 A.M. the next day.

(3.) SEVEN witnesses were examined for the prosecution at the trial and none for the defence. P.w. 1 is the elder daughter of the Appellant who stated that when she went to her aunt 's house in the evening of the date of occurrence, she found her younger sister (the deceased) sleeping in the Dhinkisal and her mother (the Appellant) cooking fish, and when after some time she came back from her aunt 's house, she found her younger sister lying dead in a pool of blood and her mother sitting there silently. When she questioned her mother as to who killed her sister, the Appellant did not tell anything but simply caught hold of her hand and took her into the forest nearby, P.ws. 2 and 3 came to the spot only after the Appellant 's husband Chema raised an alarm and on coming to the spot they found the deceased lying in a pool of blood and the Appellant and p.w. 1 missing from the house P.w. 7 is the lady doctor who conducted post -mortem examination over the dead body and p.w. 6 is the investigating officer P.w. 5 is a witness to the seizure of M.Os. I and II. P.w. 4 was the Chief Medical Officer of Mayurbhanj and the Superintendent of the Circle Jail at Baripada. On the requisition given to him by the Sub -Divisional Officer, Baripada, he had kept the Appellant under his observation from 6 -12 -69 to 29 -12 -69 with a view to observe her mental condition. During this period he found her to be sleeping normally, taking her diet regularly and passing urine and stools normally. She was also obeying orders. In his opinion, she did not exhibit any signs of lunacy during the period of observation.