IN RE SUMITRA SHERPANI AND ORS. Vs. STATE

JUDGEMENT

(1.) THIS is an appeal by Sumitra Sherpani who has been found guilty of the charge under Section 201, I.P.C. and sentenced to 3 years R. I. and a fine of Rs. 500, or, in default, additional R. I. for 3 months.

(2.) THE first information report to this case was lodged at 5 P.M. on 27 -7 -1969 at the Police Station, Mekokchung, by Bande Bahadur Gurung, Ex. P -l being the copy thereof. This report was made on behalf of Gorkha Panchayat of Mokok -chung. It was mentioned therein that Sumitra Sherpani, a cousin of Dave Sherpa. had given birth to an illegitimate male baby on 19 -7 -1969, that Gorkha Panchayat was held on, 27 -7 -1969 to determine the circumstances relating to the birth of such a child, that Sumitra Sherpani was summoned before the Panchayat where she affirmed that her newly born baby was given bath by Suryaman Pradhan, her paramour, on the night of 21 -7 -1969. that during the course of that bath some quantity of soap water was forcibly poured by Suryaman Pradhan into the mouth of the baby, and that the baby died as a consequence. It was also mentioned in the report that according to the statement of Sumitra Sherpani the dead body of the child was disposed of secretly. Deep suspicion was expressed in the FIR that the newly born baby had been deliberately murdered.

(3.) THE accused Sumitra Sherpani entered the plea of not guilty.