- (1.) THIS appeal is directed against the judgment of conviction and order of Sentence dated dated 7.7.2001 and 10.7.2001 respectively, passed by Shri Rameshwar Tiwary, 1st Additional Sessions Judge, Palamau at Daltonganj, in Sessions Trial No. 276 of 1997, convicting the Appellant under Section 302 of the Indian Penal Code and acquitting her under Section 309 of the Indian Penal Code.
(2.) MR . Nilesh Kumar, learned Counsel appearing for the Appellant submitted that there is no eye witness and there is no reason why the Appellant should throw her children in a well, and that she has remained in jail for more than 14 years. It appears that the informant (P.W -3), the father in law of the Appellant was informed by P.W -9 that the Appellant has thrown her children in well and she was sitting there. There is no eye witness to the occurrence. P.W -1 has inter alia said in his cross -examination that the Appellant was weeping by saying that her children fell in the well. It further appears that there was quarrel between the Appellant and her Gotni in the preceding evening. The prosecution evidences are weak to sustain the conviction. In the circumstances, we are inclined to give benefit of doubt to the Appellant.
(3.) IN the result, the judgment under appeal is set aside and the Appellant is acquitted of the charges. She is directed to be released forthwith, if not wanted in any other criminal case or if not already released on completion of 14 years.;