BASANTI Vs. STATE

JUDGEMENT

(1.) The conviction of the appellant under Ss.302 and 309, I.P.C. and sentence to imprisonment for life and simple imprisonment for one year respectively for having murdered her two children, a son and a daughter, and for her attempt to commit suicide has occasioned this appeal from the jail. Both the sentences have been directed to run concurrently.

(2.) Briefly stated the charge against the appellant is that sometime before the dawn of 26-11-1981 she went to the sugarcane field of her husband (P.W. 6) with her son and daughter aged 4 years and 2 months respectively and jumped into the well in a pre-planned manner while holding the two children. As a result, both the children died of drowning whereas she herself, while drowning, caught hold of the root of a tree inside the well and remained suspended with her foot touching the water and producing 'Chab Chab' sound which attracted the attention of some of the witnesses making them think that a bear which had come into the ripe sugarcane field might have fallen inside the well. P.W. 2 who was sleeping in the sugarcane field nearby raised hulla and other villagers including P.Ws. 3, 8 and 10 came there and on ascertaining her identity, P.Ws. 3 and 8 pulled her out. On being brought out, she volunteered that as her mind was not alright, she had thrown both the children inside the well and that she herself had jumped inside it. She also requested the witnesses to bring out the two children. Hearing the hulla, the appellant's husband (P.W. 6) and his family came near the site and took the appellant home. P.W. 9 entered inside the well and brought out the boy who was already dead. Later on at about 10 or 11 a.m. the body of the girl was brought out by P.W. 9 with the help of a grapnel. An information being lodged by P.W. 1, younger brother of P.W. 6, the husband of the appellant, in the police station, inquest was held over the dead bodies and after completion of investigation charge-sheet was submitted under both the Sections against the appellant.

(3.) The post-mortem examination was conducted by P.W. 4 on the body of the girl while P.W. 5 conducted the post-mortem examination of the boy. Both the doctors consistently opined that their death was on account of asphyxia due to drowning. Such evidence has not been challenged and hence it can safely be concluded that their death was homicidal.