STATE OF CHHATTISGARH Vs. INDIRA BAI

JUDGEMENT

(1.) This acquittal appeal is preferred against the judgment dated 30-7- 2012 passed by the Additional Sessions Judge, Khairagarh, (for short, "the trial Court") Sessions Division Rajnandgaon in Sessions Trial No. 6 of 2011 wherein the trial Court acquitted the respondent for commission of murder of her grand-daughter namely Ku. Ganga who was four months old.

(2.) Facts giving rise to this appeal are that the respondent is mother of one Dinesh who was married to Fulbati Bai. Deceased Ganga who was four months old was born out of wedlock of Fulbati Bai and Dinesh. Lallu is husband of the respondent Indira Bai. All four persons namely Lallu, respondent Indira Bai and their son Dinesh and daughter-in-law Fulbati Bai were residing jointly in one house. It is alleged that respondent treated the child Ganga as illegitimate child of Fulbati Bai and also disliked her daughter-in-law Fulbati Bai. It is alleged that respondent administered some poisonous substance to child Ganga and she was hospitalized in Government Hospital, Salhewara where she died after vomiting.

(3.) Upon information by the hospital, merg intimation (Ex.P/15) was registered at Police Station Salhewara and dead body of Ku. Ganga was subjected to autopsy by Dr. G.S. Thakur (PW/5). After autopsy he opined that death is caused by respiratory paralysis and vagal inhibition due to indigestion of the suspected poison. Vomiting substance viscera and one article namely sutai seized from the respondent were sent for chemical examination to Forensic Science Laboratory, Raipur in which one Organic Chlorella pesticide (poison) namely Benzene Hexachloride was detected.