MOTI KURMI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is an appeal from the judgment dated 29.7.1987 passed by the Additional Sessions Judge Jorhat in Sessions Case No. 134 (J -G) of 1986 convicting the appellant Moti Kurmi under Sections 302 and 201, I.P.C. and sentencing her to R.I. for life.

(2.) The case of the prosecution is that the appellant Moti Kurmi is a widow and mother of two (2) young children. As a result of her having affairs with someone, she conceived and delivered a female child in the night of 25.7.1986. Just after the birth she pressed the throat of the child and the, infant died. Thereafter, the accused Moti Kurrni burried the dead body of the infant inside her compound. The dead body was exhumed on 29.7.1986 by the police in presence of the Magistrate and it was sent for examination the accused, admitted her giving birth to one, but her case is that it was still-born and, therefore, she burried.

(3.) The only question which arises in this appeal is whether it was a case of infanticide or still-born. The prosecution relies on the evidence of P.W. 4 Jaleswari, extra-judicial confession and medical evidence.