HARJIT KAUR Vs. CROWN

JUDGEMENT

(1.) MT. Harjit Kaur, aged about 18 years, has been convicted under Section302, I. P. C. for having murdered her newly born female child on 12-1-1949 and sentenced to transportation for life, while dhian Singh father of Harjit Kaur has been given the benefit of the doubt and acquitted for offences under Section 201 or Section 318, I. P. C. Mt. Harjit Kaur appeals.

(2.) THE facts so far as material are that Mt. Harjit Kaur of village Hansro of Jullundur (dist, was married some time in June 1947 with Lashkar Singh of village Mohanwal. No muklawa had, however, been performed and that being so Lashkar Singh had not visited Mt. Harjit Kaur in village Hansro prior to the incident.

(3.) ON 12-1-1949 Dhian Singh, father of Mt. Harjit Kaur, told Mt. Hardai P. W. 10 that Mt. Harjit Kaur was feeling pain in her belly and that she should accompany him to his house. Mt. Hardai thereupon went to the house of Dhian Singh and there massaged the belly of Mt. Harjit kaur and noticed a live child in that belly. She waited for two hours and then a female child was born to Mt. Harjit Kaur. After delivery Mt. Harjit Kaur became unconscious and Mt. Hardai gave the child to Mt. Rajo, mother of Mt. Harjit Kaur accused, and then went to her own house.