BABYBAI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order of conviction dated 24-1-1991 passed by the learned Additional Sessions Judge in sessions trial No. 41 of 1990 whereby the appellant/ accused was convicted for the offence punishable under Section 302 of Indian Penal code and sentenced to suffer imprisonment for life and also convicted her of the offence punishable under section 318 of Indian Penal code and sentenced to suffer rigorous imprisonment for two years with further direction that the substantive sentences shall run concurrently.

(2.) THE case of prosecution, in brief, is as under : on 10-2-1990, at about 5. 00 p. m. , the owner of the field Ganpat Nagre (P. W. 4), r/o village Babhulgaon, informed Parashram (P. W. 1) - the village Kotwal that a dead child has been found in the well situated in the field of the former. Consequent upon receiving this information, Parashram rushed to the police station Ansing and lodged oral report. On receiving the oral report P. S. I. Yerme (P. W. 10)recorded the first information report and visited the spot of incident in the morning. He drew the spot panchanama of the well and seized one blouse having stains of blood from the spot of incident. The dead body of the child was kept near the well. He prepared the inquest panchanama and forwarded the dead body to the medical officer for post-mortem examination. Dr. Garje (P. W. 7) effected autopsy on the dead body of the child and opined that the probable cause of death was due to circulatory respiratory failure due to asphyxia due to strangulation. P. S. I. Yerme during the course of investigation recorded the statements of the witnesses and it was revealed that the appellant had delivered a male child at the relevant time which was conceived due to her illicit relations with one Pandurang from village masala. It was transpired that in order to avoid defamation the appellant killed the child and threw him in the well of Ganpat. She was arrested and sent to the medical officer for medical examination. Dr. Jaware (P. W. 6)examined the appellant on 17-2-1990 and opined that she had delivered a child about 10 to 15 days back. The muddemal articles were forwarded to the chemical analyser for the purpose of examination and analysis. The report of chemical analyser would reveal that the blouse was found to have been stained with human blood. On completion of investigation, the charge-sheet against the appellant/accused in the Court of the J. M. F. C. who committed the case to the Court of Sessions.

(3.) THE learned Additional Sessions judge framed the charge against the appellant to which she pleaded not guilty and, therefore, the trial proceeded against her. The defence that has been put forth by the appellant is that she had delivered a child which was still-born and it was a premature delivery in the 8th month of her pregnancy and her mother had buried the child. She claimed to be innocent. The prosecution in order to bring home guilt examined as many as ten witnesses and relied upon the circumstantial evidence. The appellant did not examine any defence witness.