LALITA BANARA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This appeal is directed against the judgment of conviction and order of sentence dtd. 10/9/2009 passed by Sri R. K. Srivastava, Additional Sessions Judge (F.T.C. V), West Singhbhum at Chaibasa in S. T. No. 313 of 2008 whereby and whereunder the appellant has been convicted for the offences punishable under Ss. 302/201 of Indian Penal Code and has been sentenced to undergo rigorous imprisonment for life for the offence under Sec. 302 I.P.C. No separate sentence has been passed for the offence under Sec. 201 I.P.C.

(3.) The fard beyan of Manjura Banra was recorded on 14/7/2008 at 1:00 P.M. in which he has stated that Lalita Banra (appellant) was married to Chambaru Birua about five years back. Lalita Banra had a two and a half old year son namely, Rohit Birua from her first husband. The first husband of Lalita Banra had left her about three years back and about a week back Lalita Banra had solemnized another marriage with Lebiya Sawaiya. But Lebiya Sawaiya was not ready to keep the child with him. On 7/7/2008, Lebiya Sawaiya took Lalita Banra with him, but left the child in the house of the informant. The child used to cry as he needed breast feeding. On 13/7/2008 at about 11:00 AM, the informant along with one Ramai Pingua and Rohit Birua went to the house of Lebiya Sawaiya. It has been stated that Lebiya Sawaiya went to the village to purchase Hadia and in the meantime, Lalita Banra had taken the child and gone towards the eastern side of the house. In the meantime, Lebiya Sawaiya came back and enquired about Lalita Banra and he was told that Lalita had gone out with child in her Arms. It is alleged that after 10-15 minutes, Lalita Banra and Lebiya Sawaiya came back, but the child was not with them. On being repeatedly asked about the child, Lalita Banra had disclosed that the child has been killed by drowning him in the water, at which all of them went to the place of occurrence and Lebiya Sawaiya took the child out of the water. On the next day, the Munda of the village was informed about the incident. It is also alleged that Lebiya Sawaiya had threatened that if she keeps the child, he will not keep her and it was the reason for Lalita Banra to have committed the murder of her son. Based on the aforesaid allegations, Manjhari (Tantnagar O.P.) P. S. Case No. 23 of 2008 was instituted against Lalita Banra for the offences under Ss. 302/201 of Indian Penal Code. On conclusion of investigation, charge-sheet was submitted against the accused and after cognizance was taken, the case was committed to the Court of Sessions, where it was registered as S. T. No. 313 of 2008. Charges were framed against the sole accused under Ss. 302/201 I.P.C. which was read over and explained to her in Hindi to which she pleaded not guilty and claimed to be tried.