SUGAPATI DEVI Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) THE sole appellant has preferred this appeal against the judgment and order dated 6.5.1992 passed by the learned Sessions Judge, West Champaran, Bettiah, in Sessions Trial No. 351 of 1989 by which she has been convicted and sentenced to rigorous imprisonment for life under Section 302 of the Indian Penal Code.

(2.) THE prosecution case is based on the fardbeyan (Ext.1) recorded by P.W.4 G.P. Mishra, the officer -in -charge of Police Station Majhouliya on 18.9.1987 at 11 -30 P.M. at the door of the informant Babu Nand Mahto (P.W.3). It is alleged that the informant was cutting fodder at his door on 18.9.1987 at about 2.30 -3.00 P.M., D.W.2 Chilari, a minor daughter of Shankar Mahto and accused Bipati Devi, came running and crying that Rakesh, aged about six years, had been drowned in the canal water by his aunt i.e., Sugapati Devi (appellant), wife of Sitaram Mahto. The informant went to the place of occurrence. He saw Ganesh Mahto (P.W.1) near the place of occurrence who was coming from Bettiah. P.W.1 also told in loud voice that the woman had drowned the boy in the canal. He pointed out towards the woman who was Sugapati Devi (appellant) standing by the side of the canal. She was having in her possession wet clothes after bath. The informant also cried about the overt act of the wife of Sitaram Mahto. The villagers arrived including Ashok Sah (D.W.3) who took out the deceased son of the informant from water. A formal F.I.R. (Ext.2) was drawn up on the basis of the fardbeyan of the informant.

(3.) THE defence of the accused is that she is innocent and has not committed any offence. The accused has also examined three witnesses in support of her case.