RADHA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal has been filed by Mst. Radha and is directed against the judgment of the Sessions Judge, Ajmer, dated 21st January, 1970, whereby she has been convicted for an offence under sec. 302 Indian Penal Code and sentenced to life imprisonment and a fine of Rs. 500/- and also for an offence under sec. 318 Indian Penal Code and sentenced to rigorous imprisonment for one year.

(2.) THE facts and circumstances giving rise to this prosecution, as disclosed by the witnesses produced by the prosecution, are, in a nutshell, as follows: Mst. Radha gave birth to a child on 26th of April, 1968. On27th of April, 1968, a dead-body of a newly born male child was found lying in the vicinity of the house where Mst. Radha used to live. A report was lodged at the Police Station, Madanganj about the finding of a dead body by Jagdish Chandra (P. W. 4 ). Mst. Radha was arrested in this connection and was sent for medical examination. P. W. 1 Dr. (Mrs.) Sharma examined Mst. Radha and came to the conclusion that looking to her organs she must have delivered a child three days before the date of her examination and that the delivery must be a normal delivery as it did not show any signs of difficult or interfered labour. Dr. S. K. Bose (P. W. 2) who was the family doctor of Mst. Radha also disclosed that on 15th of April, 1968. Mst. Radha came to his clinic for consultation and complained some swelling in the abdomen and pain all over her body. After examination, the doctor told her that she had an advanced pregnancy of 7 to 8 months. After that Mst. Radha visited the clinic of this witness on 16th, 19th and 21st of April, 1968, and he administered medicines to her for safe and easy delivery.

(3.) THE question that arises is whether these circumstances are sufficient to bring home the guilt to the accused for committing the murder of the child and secretly disposing of the dead body of the child with a view to conceal the birth of that child.