AMBIKA DEI Vs. THE STATE

JUDGEMENT

(1.) THE Appellant has been charged under Section 302. Indian Penal Code for having committed murder of her twin babies Bada Majhi and Sana Dei by administering oleander poison and under Section 309, Indian Penal Code for having attempting to commit suicide by swallowing oleander seed herself. The Sessions Judge acquitted the Appellant under Section 309, Indian Penal Code and sentenced her to R. I. for the under Section 302, Indian Penal Code. From this judgment of conviction this criminal appeal has been filed.

(2.) THE Appellant had first married the elder brother of p.w. 2 and through him she had a son and two daughters of whom p.w. 3 is one. After the death of her husband she remarried his younger brother, p.w. 2, and through him she gave birth to the twin babies, a son and a daughter, alleged to have been poisoned.

(3.) THEN p.w. 2 on the instruction of the Ward Member, went to the Jaipatna P.S. and lodged F.I.R. on 22 -6 -1971 at noon. The F.I.R. was recorded by the police officer, p.w. 6 and a case was registered and die investigation was taken up in absence of the Officer -in -charge, who had gone out of the P.S. on some other duty; p.w. 6 reached the village of occurrence at 6. p.w. He held the inquest and despatched the dead bodies for post -mortem examination and seized two torn rags with which he found the dead bodies of the twins to have been covered. He seized die vomited materials of the Appellant from the outer house of the Ward Member. p.w. 7 sent the seized vomited materials to the Chemical Examiner for analysis. The Chemical Examiner sent the report Ext. 14. On receipt of this report and the report of the postmortem of the doctor (p.w. 1), p.w. 7 submitted the charge -sheet.