LEELA WATI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS judgment will dispose of Criminal Appeals Nos. 788 and 815 of 1979.

(2.) THREE women were put up for trial to face charges Under Sections 315, 315/109 and 318, Indian Penal Code. According to the allegations of the prosecution, Dalwinder Kaur, an unwed girl and the daughter of Joginder Kaur, had taken steps with the aid of Leela Wati. a nurse, in order to prevent the child of the unwed mother to be born alive, or had caused it to die after its birth, and that such act of the accused-appellants was not caused in good faith for the purpose of saving the life of the mother. After the death of the child, it was stated that its birth was sought to be concealed by secret disposal of its dead body when it was found in the possession of Joginder Kaur accused-appellant at Bus Stand, Amritsar, duly concealed in a cloth wrapped around with reeds. Two men namely Ajit Singh (P. W. 3 ). a station wagon driver, and his brother Pritam Singh (P W. 4) a taxi driver, spotted Joginder Kaur on 30-4-1978 at 6 P. M. in that condition and on questioning by them, she stated that the dead child was born to her unwed daughter Dalwinder Kaur. It was further stated by her that her daughter had been brought to Leela Wati a nurse at Amritsar and the girl was in the house of Leela Wati. Ajit Singh is stated to have come across A. S. I. Amariit Singh, S. H. O. 'd' Division. Amritsar. at the Bus Adda itself when he gave statement, Exhibit P, D. On the basis thereof, formal first information report came to be recorded at the police station. Since Joginder Kaur accused-appellant was present there, the recovery of the dead body of the child was effected vide recovery memo, Exhibit P, E. . attested by the P. Ws. Sub-Inspector Gian Singh (P. W. 6) was also present at that time. Later he went to the house of Leela Wati accused and found her present in the company of Dalwinder Kaur accused, the unwed mother.

(3.) AFTER completion of the investigation, the accused-appellants were sent up for trial. The prosecution in order to connect the appellants with the crime examined Dr. Shakuntla Devi (P. W. 1) Registrar of the Government Women Hospital, Amritsar. who opined on the examination of Dalwinder Kaur that she had delivered a child within 24 hours of 1-5-1978. The doctor was definite that Dalwinder Kaur had given birth to a child, whether it was natural or induced, she could not be sure. Dr. Dil-bagh Singh Waraich (P. W. 2) was produced to disclose the cause of death of the infant. According to him, the infant was born alive. There was about 5 cc. milk present in his stomach and had died due to general debility. He found no sign of violence on the dead child. He could not rule out the possibility that the child must have been born bv a natural delivery. He could not distinguish between a premature child or a child having poor nutritional health status, due perhaps to the state of the pregnant mother. Besides these medical experts, there came the evidence of Ajit Singh (P. W. 3) and Pritam Singh (P. W. 4 ). Ajit Singh resiled from his statement, Exhibit P. D. , the basis of the first information report with which he was duly confronted. Pritam Singh of course supported the case of the prosecution and identified in Court the lady carrying the dead child to be Joginder Kaur, present in Court. Rest of the evidence pertained to investigation of the case.