NANHIBAI Vs. STATE OF M P

JUDGEMENT

(1.) THE facts of this case tell a very tragic tale. It is a sad commentary on the pathetic condition of women in Indian Village community.

(2.) THE conviction of the present appellant Nanhi Bai Gond who has appealed to this Court from Jail is based on her alleged confessional statement made by her Under Section 164, Criminal Procedure Code to Judicial Magistrate First Class, Sehore. She is charged Under Section 309, Indian Penal Code for attempt to commit suicide and Under Section 302, Indian Penal Code for causing death of her children Ku. Laxmi Bai 3 years, Ku. Ganga Bai 10 years, Ku. Ayodhyabai 6 years and Chatursingh 8 years. She is also charged for offence Under Section 436, Indian Penal Code for putting fire to the house of her husband.

(3.) THE woeful tale that she is alleged to have voluntarily told in her confessional statement (Ex. P. 30) to Judicial Magistrate is as under :she was married to Harisingh (P. W. 2) who used to ill-treat her. She and her children were beaten by him. On the previous night there was a minor mishap. The domestic cattle had gone astray. The members of her family quarrelled with her and abused her filthily. She reported the matter to her husband Harisingh who instead of supporting her gave her or beating. The incident led her to utter desperation. She thought that there was no point in leading such a miserable life and it was better for her to die. At about 4. 00 in the early morning her husband had left for the field. She then went out of the house alone to commit suicide. When she had gone about 5 to 10 paces, a thought crossed her mind as to who would look after her children after her death. She then returned and took all the three children along with her and the youngest one in her lap. She then went to the well near the forest and pushed all her three children in the well. She herself jumped into the well along with her youngest child in her lap. The water in the well was not deep enough. She was not drowned, although all the four children were drowned. There was a pole lying in the well and with the help of it she came out of the well. She returned to her house with wet clothes and started warming herself near the fire. At the dawn her husband came and questioned her about the children. She then started weeping and when the husband started beating her again, she gave a false story that during his absence two thieves had entered the house and threw all four children in the well. Her husband then called P. W. 4 Khusilal and Kalluram and a village teacher. The matter was also reported to P. W. 3 Ramchandra. The villagers to whom the matter was reported then went to the well. According to appellant when she returned to her house and found the beds of children empty, she felt disgusted with her life and thought 'what was the use of her house and all the grains stored there'. She, therefore, out of sheer desperation put fire to all the belongings and thus engulfed the whole house to fire. When her husband returned she was sitting outside the house which was on fire. When the Judicial Magistrate put a question to her as to why she has done such an act, her reply was that her Devar Ramsingh had an evil eye on her and in fact had made overtures towards her. She said that all her members of the family and relations were continuously tormenting her and her children. They were beaten and not even given sufficient food. She, therefore, decided to commit suicide and as there would have been nobody to look after her children she jumped into the well along with her children.