GADHAPURNI Vs. STATE

JUDGEMENT

(1.) THIS is a prisoner's appeal presented through the Superintendent of Jail against her conviction under Section 302 I. P. C. and the sentence of imprisonment for life.

(2.) ACCUSATION against the appellant was that she gave birth to an illegitimate child and caused its death by throttling on 25 -1 -75. The dead body of the child was found lying on the threshing floor of one Bhima Meher of Rampur. The Grama Rakhi of the village lodged information at the Police Station and a U. D. case was started. Investigation revealed that it was a case of murder. The appellant is alleged to have made an extra -judicial confession before P. Ws. 3 and 6. After investigation, she was charge -sheeted under Section 302, I. P. C.

(3.) THE doctor P. W. 1 performed post mortem examination over the dead body and opined that the child was born alive and it was killed by throttling. The doctor's evidence leaves no room for doubt that the death was homicidal. This was also not disputed by the appellant.