Aug 11, the Bombay High Court upholds life Sentence of a widow, who strangled her newborn daughter, causes to death. The case was registered against the woman in year 1993 at Uran Police Station, Mumbai.
The division bench of Justices RD Dhanuka and Surendra Tavade upheld the life Sentence of Kamlabai Gharat (wodow). The bench, relying on the prosecution, said that the newborn was in the custody of accused Kamalabai Gharat.
“the prosecution has proved the chain of circumstances against the appellant/accused beyond the shadow of reasonable doubt. There was nobody else except the appellant/accused to commit murder of the said child.”, in the order.
In the case, Sanjay Gharat saw a newborn lying beside the road at Sheva ST stand in the morning of Nov 10, 1993. He immediately reported the incident at Uran police station, Mumbai. Another man brings the child to his mother Hirabai Gharat, who gave bath to the child and provided her milk.
Hirabai then handover the child to the police and also inform them about pregnancy of Kamlabai Gharat. Then the child was taken to rural hospital in Uran along with Kamlabai later shifted them to Alibag Civil Hospital. According to doctor the child was taken with good condition and was healthy.
Further in the case, after the admission of the accused, in the presence of two lady constable the doctor went to the labour room, after two hours, Aaya informed the doctor that the child not doing any movement and later declared dead. From the post-mortem it came in light that the child was strangled.
“He took child for treatment through staff. He found that the child was in dying stage. There was synopsis, blue colouration of nails and anterior chest walls. On examination, he declared the said child dead at about 10.50 p.m.” from the order.
Based on the post-mortem report, it established the homicidal death of the newborn. Session court convicted Kamlabai for murder and sentenced her to life, in year 1995.
The High Court relying on prosecution, upheld the life Sentence. The bench also directed trial court to “secure presence of appellant/accused and commit her to the jail for undergoing remaining sentence.”
“The Trial Court has rightly held the appellant/accused guilty for the offence punishable under Section 302 of the IPC. We do not find any infirmity in the judgement of the learned Trial Court. The appeal is devoid of merits and the same is dismissed.”
