SAIJAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an appeal through jail by one Mst. Sajjan, a girl aged 21 years, against the judgment of the Sessions -Judge, Udaipur, dated 31st March, 1972 by which he has convicted her under Sections 364 and 302 IPC, for committing the murder of Pannalal son of her uncle Ganesh, a young child of 1 years, by throwing it into the well of Sri Mahadev temple, situated an village Bichiwara, on 27 -11 -1970, at about 4.30 P.M. resulting in its death. She has been sentenced to life imprisonment under Section 302 I.P.C. and to rigorous imprisonment for 10 years under Section 364 I.P.C.

(2.) THE appellant abjured her guilt, denied the commission of alleged offences, and pleaded innocence. While she admitted that she was carrying the child near the well of the temple, the appellant alleged that she got an epileptic lit and was therefore not in a position to state what happened to the child thereafter, i.e., she pleaded an accidental death of the child.

(3.) THOUGH these circumstances have been fully established by the prosecution, but the circumstances taken together, do not, in our view, exclude the possibility of an accidental fall of the child into the well.