- (1.) Heard the parties.
(2.) This criminal appeal has been preferred from Jail against the judgment of conviction and sentence dated 31.05.2005, passed by 4th Additional District & Sessions Judge, (F.T.C.), Dumka in Sessions Case No. 107 of 2004/ 82 of 2004 arising out of Kathikund P.S. Case No. 30/2003 corresponding to G.R. No. 519/2003 whereby the appellant has been held guilty for the offence punishable under Section 302 of the Indian Penal Code and sentenced to undergo R.I. for life and to pay fine of Rs.500/, in default of payment of fine, she shall suffer R.I. for three months.
(3.) The facts emerging from the fardbayan of Kartik Dehri (P.W.7) recorded on 11.06.2003 at 10:00 a.m. is that on 10.06.2003, the appellant killed her son Mantu Dehri, aged 9 years and after committing murder she was found sleeping besides the dead body. When Munia Devi (P.W.1) witnessed the incident, she raised hulla and informed the villagers. The informant who happens to be father of the deceased, rushed to the place and saw the dead body of his son Mantu Dehri. It is disclosed in the fardbayan itself that appellant was suffering from mental disorder since last four years. It is also disclosed that the appellant was assaulted by the villagers. The informant produced his wife Saraswati Rani (appellant) along with the weapon of crime before the Police. On the basis of fardbayan of Kartik Dehri, Kathikund P.S. Case No. 30/2003, dated 11.06.2003, under Section 302 of the Indian Penal Code against the appellant was registered. The police after due investigation submitted chargesheet and accordingly cognizance was taken and the case was committed to the Court of Sessions and registered as S.C. No. 107/2004. Charge under Section 302 of the Indian Penal Code against the appellant was framed to which she pleaded not guilty and claimed to be tried. The prosecution in order to substantiate charges examined altogether 9 witnesses and proved documents like fardbayan, formal F.I.R., postmortem report etc.. The learned Additional Sessions Judge, Dumka at the conclusion of trial placing reliance on the evidence and documents available on record, held the appellant guilty for the offence punishable under Section 302 of the Indian Penal Code for causing murder of her son and inflicted sentence as indicated above. ;