MALATI MUNDARI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. RM Choudhury, learned Amicus Curiae for the appellant. Also heard Ms. S Jehan, learned Additional Public Prosecutor, Assam.

(2.) An ejahar was lodged on 02.04.2014 at about 8.30 A.M., by Quity Mundari, son of Late Pichu Mundari before the Officer-in-Charge, Moran Police Station alleging that as his wife Malati Mundari was suffering from some illness her father took her away to his house at Tetunbari Tea Estate along with their six months old daughter, namely, Majoni Munda. It is stated in the ejahar that his wife had confessed that on 01.02.2014 she had killed their six months old daughter by throwing her in a pond near her father's house. The time of occurrence is stated to be 4.PM of 01.12.2014.

(3.) The informant, Quity Mundari while deposing as PW-1 had stated that on the date of the occurrence at about 7P.M., the VDP member Jiten Munda and the brother of the accused Malati Mundari, namely Ramsai Munda had informed him that his daughter Majoni Munda is dead. Upon arriving at the house of the father of his wife, he came to know that his wife Malati Munda had killed their baby by throwing her into the water of a pond. The witness even sated that his wife told him that she had killed their daughter by throwing her into the water of the pond. He further deposed that she had also stated the police in his presence that she had thrown the baby into the water of a pond.