SMT. MAMTA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In our Vedas for every child three persons are very important to build his future, out of three first person is mother , therefore, it is said in Vedas that: ...[VERNACULAR TEXT OMITTED]...

(2.) In this appeal we are deciding the allegation made by the prosecution against mother appellant Mamta for committing murder of her two children. As per dictionary definition mother is a female parent but in fact mother is more than just a parent. A mother is someone who would jump in a fire just to make sure what child have and need, will run a thousand miles just to get anything for her child but in this case the allegation against the appellant is that she killed her two children daughter Sunita aged about two and half years and son Bhaiya @ Ashok of six months and tried to commit suicide after killing them.

(3.) As per the facts of the case on 30.4.2006 the complainant PW-1 Valchand husband of appellant Mamita give oral report (Ex.P/1) to the SHO Police Station Mahi Dam, District Banswara at about 8.30 pm alleging therein that today in the morning at 6'O clock his wife Mamta, brother Kanti went in the forest for collecting leafs and came back at 10'O Clock and due to festival Aakha Teej prepared food and eat together in outside the house. Thereafter, complainant and his wife, so also, both the children sleep in the house. In the day at about 2.30 pm brother of complainant Kanti went out for selling leafs of Timbro and he went for bath on well. His wife and children were in the house. At about 5.00 pm when complainant came back, he saw that the door of his house was opened and his wife Mamta (appellant) was standing having weapon sharp knife (Chhuri) in her hand and cut the neck of her daughter Sunita and neck of son, due to those injuries by sharp edged weapon knife both the children fell down and died. Due to said occurrence he cried loudly and upon hearing his hue and cry his neighbors Kalu and Jeeva immediately came on spot and tried to catch his wife Mamta, but in front of them Mamta inflicted 3-4 injuries 3 upon her own neck. The complainant and neighbours catch hold her, at that time, number of other villagers came on spot including Tola Ram and Mangi Lal. Information with regard to aforesaid incident was immediately given to the Sarpanch who informed on telephone to the Police Station. As per allegation of complainant Mamta usually going to her parents house at Timtiya but when she is going there, not taking her children with her, therefore, complainant regularly asked her to take her children with her when going to her parents house. The complainant verbally reported the SHO that today his wife again ask to go at parents house but the complainant asked her to take the children to the parents house. As per complainant, upon asking she became angry and killed her both the children and tried to commit suicide. Upon aforesaid verbal report, the SHO Police Station Mahi Dame registered the FIR no.23/2006 under Sec. 302 and 309 Penal Code at 11.00 pm in the Police Station and commenced investigation. The investigating officer immediately rushed to the place of occurrence and sent the bodies of children to the MB Hospital, Banswara where post mortem of both the children were conducted on 1.5.2006 in the morning at 10.30 am vide Ex.P/24 of son Ashok and vide Ex.P/25 of daughter Sunita.