Beg, J. - (1.) This is an appeal by Srimati Annu alias Anandawati who has been convicted Under Section 318/34, IPC and sentenced to pay a fine of Rs. 1,000 or, in default, to undergo four months'simple imprisonment.
(2.) The Appellant is the daughter of one Harish Chander alias Hari Babu, a general merchant in the town of Farrukhabad. The prosecution case against the Appellant was that on the night between the 12th & 13th May, 1955, she had given birth to a male child. Her father Hari Babu had gone to one Smt. Gomti, a midwife, and brought her to his house to attend on her on this occasion. According to the Statement of Smt. Gomti, the Appellant had given birth to a living child at about 10 p.m. that night. As soon as the child was born, the father had asked Smt. Gomti to throw him away somewhere, and promised to pay her handsomely for that Smt. Gomti did not agree. She went away immediately. When she was leaving the place, Hari Babu had asked her not to divulge the matter of the birth of the child to anyone as the honour of the family was at stake. Smt. Gomti, accordingly did not disclose the matter to anyone. The child was then strangulated, killed and wrapped in some pieces of cloth, and eventually kept in a Jhola Ext. I and carried by Hari Babu at about noon of 13-5-1955. Hari Babu threw the child in a Khandhal near the house of one Somwati PW 2. At about 3 p.m. Smt. Somwati PW 2 came out of her house, and then noticed this Jhola. She opened it and discovered a dead child in it. She immediately ran to her uncle Kamta Prasad (PW 1) and told him about it. Kamta Prasad came to the place along with her. He also saw the dead child in the Jhola. Kamta Prasad then went to the police station Farrukhabad, and lodged a first information report there at 5-10 p.m.
(3.) Sri Rampal Singh a sub inspector attached to the thana took up the investigation of the case. He went to Mohalla Arahatiyan where the child was said to be lying. The sub inspector found the dead body of the newly born child lying in the Khandhal close to the house of Smt. Somwati. He took possession of the Jhola Ext. I. He opened it before the witnesses, and found the dead child wrapped in a blouse Ext. II and pieces of dhoti cloth. The child was tied with a rope Ext. 5. A strip of cloth was tied round the neck of the child. It is Ext. 3. Exts. 4 and 5 are the other pieces of dhoti in which the child was wrapped. All these articles were tied in a bundle and sealed recovery memo of the same is Ext. I.;