MST. CHIDIA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 30th June, 1983 passed by the learned Additional Sessions Judge, Nohar, by which appellant Mst. Chidia was held guilty for the charges Under Section 302 and 309, IPC and sentenced to imprisonment for life and a fine of Rs. 100/-, in default to undergo one month's rigorous imprisonment on the first count and nine months' rigorous imprisonment and a fine of Rs. 100/-in default to undergo one month's rigorous imprisonment on the second count with an order that the substantive sentences shall run concurrently.

(2.) Briefly stated, the facts of the case giving rise to this appeal are that on 4-9-1982 at 9 a.m, Hem Raj lodged the report Ex. P. 1 with Richhpal Singh (PW 12) SHO, Police Station, Bhadra to the effect that Mst. Chidia wife of Ram Swaroop has thrown her three children viz., Jagdish, Nihala and Guddi in a well and then herself jumped into the well. That Jai Singh took out the four from the well. The three children had died and Mst. Chidia alive there at the well, SHO, Richhpal Singh (PW 12) went to the site and conducted necessary investigation and prepared the site inspection memo and the inquest reports of the deceased children. He got the postmortem examination of three dead bodies of Jagdish, Nihala and Guddi (Rajbala) conducted from Dr. Naval Kishore (PW 14). After completion of necessary investigation, chargesheet was fine in the Court of Munsif Magistrate, Nohar. The learned Magistrate committed the case to the Court of Additional Sessions Judge, Nohar. The learned Judge charge-sheeted the appellant Under Sections 302 & 309, IPC and recorded her plea. She denied the charges and claimed to be tried. To substantiate its case, prosecution examined 14 witnesses in all. In her statement Under Section 313, Cr PC the appellant denied the allegations levelled against her. No defense witness was examined. The learned Additional Sessions Judge believed the prosecution evidence and passed the judgment under appeal. Feeling dissatisfied by her conviction and sentence, Mst. Chidia has preferred this appeal.

(3.) As the appellant was unrepresented. Mr. B.S. Rathore was appointed Amicus Curiae to plead on her behalf.