MADI (MST.) Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This Jail Appeal has been preferred by Mst. Madi who has been convicted by the learned Sessions Judge Banswara in Sessions Case No.61/88 vide judgment dated 17.3.1990 for offence punishable under Sec. 302 and 309, Penal Code and she has been sentenced to life imprisonment with fine of Rs. 50.00 under Sec. 302, Penal Code and in default of payment of fine, to undergo 15 days' simple imprisonment and she has been awarded six month's simple imprisonment under Sec. 309 IPC.

(2.) As per the prosecution case, one Vala s/o Mogji Garasia lodged oral report on 12.6.1088 at 8.30 a.m. in Police Station Sallopat that in the early morning at 4 a.m., hearing some barking of dogs, he went towards nearby well where he found that his nephew Raoji's wife Mst. Madi (accused) with her daughter of the age of 2 years only were lying in the well, as accused Madi to commit suicide and to kill her daughter, jumped in the well. He immediately shouted for help, upon which Hurteng, Khatu, Havji, Mana and Raoji came running towards the well. Mana and Hurteng went in the well to bring the accused and her daughter out from the well and brought them out. In this incident, the accused Madi could be saved but her daughter died. On this, formal FIR (Ex.P.1) was registered under Sections 302 and 309, IPC. The victim was taken to the hospital and was given treatment, after which she was arrested. During investigation, statements of seven witnesses including evidence of two doctors, PW-5 Dr. Jagdish Prasad and PW-6 Dr. Rajendra Adhikari were recorded. The site was inspected and the site inspection report was prepared. The post-mortem report was obtained. The charges were framed against the appellant-accused who denied the charges and sought trial.

(3.) During trial, witnesses PW-1 Gajiya, PW- Havji, PW-3 Vala, PW-4 Mana, PW-5 Dr. Jagdish Prasad, PW-6 Dr. Rajendra Adhikari and PW-7 Nawab Khan were examined by the prosecution. The prosecution also got exhibited FIR (Ex.P.1), site inspection report (Ex.P.2), memo for the body of deceased (Ex.P.3), the post-mortem report (Ex.P.4) and referral slip (Ex.P.5). The accused-appellant was examined under Sec. 313,Cr.P.C. In her statement under Sec. 313, Crimial P.C., the appellant accused stated that her daughter of the age of 1-½ - 2 years died as she fell in the well when she was went to ease in the morning. She also stated that she tried to make effort to save her daughter and in that effort, she also fell in the well from where she was taken out by the witnesses.