KAVITA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant is convicted of the charge of filicide by learned 2nd Addl. Sessions Judge, Chandrapur on 9th May, 2003 in Sessions Trial No. 148/2001 and was directed to suffer imprisonment for life and to pay a fine of Rs. 1,000/ - and, in default, to suffer rigorous imprisonment for three months. It is to be mentioned here that along side the appellant, her husband -Gajanan was also charged for offence punishable under Sec. 109 read with Sec. 302 of the Indian Penal Code by learned Session Judge; however, he was acquitted by the said judgment.

(2.) The prosecution case as it is unfurled during the course of the trial, can be narrated herein -below:

(3.) P.W. 6 -Dr. Vishram Nakade is an Radiologist. He runs an X -ray and Ultrasound Clinic at Bramhapuri. On being referred by Dr. Shrikant Nagmoti, the appellant -Kavita came to his Clinic. On 3.7.2001, he did sonography test at the womb of Kavita. He issued the report Exh. 52. According to said report, the age of the foetus was about 22 weeks. He handed over the report of sonography film to Kavita.