KETARI BALA DASI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The sole appellant is before this Court in appeal against the judgment of conviction and sentence under Sec. 302 of the IPC.

(2.) Informant is the brother of deceased. Appellant is the grandmother, who has been convicted for throttling to death her infant granddaughter aged three years. As per the FIR, sister of the informant, Putula Mandal (P.W. 5) was married to the son of the appellant namely Damodar Mandal about six years ago. She was blessed with a female child (deceased- Raj Kumari). After her sister had conceived of a child, her father-in-law Kamal Kant Mandal had alleged that the child in the womb of P.W. 5 was illegitimate and not of her husband (Damodar). By making this allegation, she was also pressed for abortion. The allegations were refuted and Putula refused to abort the child. Even after the birth of the child, insinuation of her illegitimacy continued to be made. Because of these allegations, informant kept his sister most of the time in his house. On 26/12/2001, Putula gave birth to second female child at the house of the informant and the appellant had come there to celebrate the ritualistic function of the birth of the child. On 18/1/2002, appellant took the child with her by giving an assurance to return her after two days. On 19/1/2002, informant received information regarding death of the infant child- Raj Kumari. When the informant along with his father went and enquired from the accused persons, it was stated that the baby had died while sleeping at night and the dead body had also been buried by the river side. The dead body was exhumed and the matter was reported to police.

(3.) On the basis of the fardbeyan, Nala (Bindapathar) P.S. case No.05/2002 was registered under Ss. 302/34 and 201 of the IPC against this appellant. After investigation, charge sheet was submitted against the appellant, the father and the grandfather of the deceased child and they were put on trial under Ss. 302/34 and 201 of the IPC.