R. C. Lahoti, J. - (1.)The Additional Sessions Judge, Nanded has held the accused-appellant guilty of offences punishable under Sections 302, 201 and 506 of the Indian Penal Code. He has been sentenced to rigorous Imprisonment for life with a fine of Rs.1000/-, in default to suffer rigorous imprisonment for three months under Section 302, IPC. He has been further sentenced to suffer rigorous imprisonment for six months and to pay fine of Rs. 500/-, in default to suffer rigorous imprisonment for one month, under Section 201, IPC. He has also been sentenced to suffer rigorous imprisonment for three months under Section 506, IPC. All the substantive sentences have been directed to run concurrently. The accused-appellant challenged his conviction and sentences before the High Court of Bombay, Aurangabad Bench but unsuccessfully. The present appeal is by Special Leave.
(2.)According to the prosecution Sonerabi, PW-5 was married to one Mehboob (not examined as a witness in the case). Within 15 days of the marriage it was found that Sonerabi was pregnant. Mehboob got Sonerabi medically examined. She was found to be in an advanced stage of pregnancy. She admitted to have conceived from Syed Gani, the accused-appellant who was related to her and was often visiting her prior to marriage. The accused-appellant was called by Sheikh Mehboob. After mutual discussion it was agreed that the marriage between Sheikh Mehboob and Sonerabi would be dissolved by Sheikh Mehboob giving Talaq to Sonerabi. That was done. A Nikah (marriage) was thereafter performed between Sonerabi and accused Syed Gani at village Anmal and Sonerabi started living with Syed Gani. Three months after the date of the marriage with the accused-appellant, Sonerabi delivered a male child. However, the accused-appellant insisted on Sonerabi killing the child to which proposal Sonerabi was not agreeable. On 9-7-1994 in the morning at about 5 a.m. at village Tandala the accused-appellant killed the 15 days' old child by pressing the child's neck and pulling his leg in the presence of Sonerabi. The accused threatened Sonerabi to observe silence and not to disclose the incident to anyone else otherwise she would also be killed in the same way. The dead body of the child was buried by the accused proclaiming that the child had died a natural death.
(3.)The dead body of the child having been so disposed of, Sonerabi went to her parents' house in village Anmal and there she disclosed the incident to her brother, Syed Roshan, PW 6, who lodged first Information report of the Incident on 10-7-1994 at 10 p.m. The FIR, Exhibit 27, was recorded by Ashok Vishwanathrao, P.S.I. Crime under Sections 302, 201 and 506 of the IPC was registered and investigation commenced. The dead body of the child was exhumed in the presence of Naib Tehsildar and sent for post-mortem examination.