LAWS(JHAR)-2011-5-103

BINDA DEVI Vs. THE STATE OF JHARKHAND

Decided On May 03, 2011
Binda Devi Appellant
V/S
THE STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and order of Sentence dated dated 7.7.2001 and 10.7.2001 respectively, passed by Shri Rameshwar Tiwary, 1st Additional Sessions Judge, Palamau at Daltonganj, in Sessions Trial No. 276 of 1997, convicting the Appellant under Section 302 of the Indian Penal Code and acquitting her under Section 309 of the Indian Penal Code.

(2.) MR . Nilesh Kumar, learned Counsel appearing for the Appellant submitted that there is no eye witness and there is no reason why the Appellant should throw her children in a well, and that she has remained in jail for more than 14 years.

(3.) IN the result, the judgment under appeal is set aside and the Appellant is acquitted of the charges. She is directed to be released forthwith, if not wanted in any other criminal case or if not already released on completion of 14 years.