KAMLABAI TUKARAM GHARAT V. THE STATE OF MAHARASTRA

By-Ishita Pancholi

JUDGEMENT DATE: 11/08/2020

JUDGES: Justices RD Dhanuka & Surendra Tavade

Facts

As indicated by the prosecution, on Nov 10, 1993, a resident of Nhava Sheva in Uran found an infant girl child abandoned near Sheva transport stand and took the baby to his home.

The family at that point reported the issue to nearby police, who arrested Kamlabai in the wake of finding that she was pregnant.

Police at that point took Kamlabai and the baby to the emergency clinic in Uran, however later moved them to Alibag Civil Hospital. Nonetheless, Kamlabai choked the baby girl in the medical clinic.

The appealing party was put apprehended. The announcements of witnesses were recorded. The Investigating Officer took blood tests of litigant/denounced just as the child and sent for concoction examination.

After culmination of examination, charge-sheet came to be filed against the litigant/accused under Sections 317 and 302 for the IPC before the educated Magistrate, Uran.

As the offence was only offense by the Court of Session, it was focused on the Court of Sessions at Alibaug. Charge (Exhibit 3) came to be filed against the appealing party/blamed under Section 317 and 302 for the IPC.

The appealing party argued not liable and professed to be attempted. The indictment has depended on the proof of upwards of 14 observers. The litigant/blamed didn’t lead any oral proof.

On experiencing the proof on record, the Trial Court, cleared the appealing party under Section 317 of the IPC, yet indicted her for the offence culpable under Section 302 of the IPC and condemned her to suffer life detainment and furthermore forced fine of Rs.1000/ – and in default guided her to experience thorough detainment for a quarter of a year. The said decried judgment is under test.

Issue

The appellant accused has favoured this appeal against the Judgment and Order went against her by the educated Additional Sessions Judge, Raigad-Alibaug in Sessions Case No.83 of 1994.

The appealing party is indicted for the offence culpable under Section 302 of the Indian Penal Code and condemned to suffer detainment forever and to pay fine of Rs.1000/ – in default to suffer thorough detainment for a quarter of a year.

The appealing party is cleared for the offence culpable under Section 317 of the IPC. The State has not favoured intrigue against the said request of acquittal.

Reasoning

It is in this way demonstrated Dr. Archana Prabhu had analysed the said child when the said was alive just as the appealing party/denounced.

The overall state of child was well. On assessment of appealing party/charged, the clinical officer has opined that the appellant/denounced had conveyed the child.

But disavowal nothing is gotten the interrogation of Dr. Archana Prabhu by the barrier to doubt her proof.

Judgement

The bench held that the prosecution has demonstrated the homicidal death of the baby and the way that nobody was around when the new-born child was killed except the convict.

It likewise found that the woman had thought process to carry out the wrongdoing as she needed to shroud her relationship and the pregnancy which took place 8 years after the demise of her husband.

Case Notes

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