Criminal Appeal no- 812 of 2007
The high court of Gujarat
BENCH: Hon’ble Mr Bhaskar Bhattacharya, Hon’ble Mr J.B. Pardiwala
DATE OF JUDGEMENT: 24tth March 2014
RELEVANT SECTIONS:
- Section 302 IPC (Punishment for murder)
- Section 317 IPC (Exposure and abandonment of child under twelve years by parents )
- Section 114 IPC (Abettor present when the offence is committed)
BACK STORY
Vaghari Champaben, daughter of Chelabhai Gamjibhai, worked as labour with the co-accused in Bihar. They developed intimacy and this resulted in the pregnancy of the accused. She delivered a baby boy on 7th April 2005 at Ronak Maternity hospital, Patna. Both the accused to hide the birth of the illegitimate child, threw the child in a well.
The child was found by Mafabhai, who said that the child was alive when found and was rush to the hospital. The infant died of head injury and was declared dead in CAV hospital on 8th April 2005. The case was filed against both the accused under section 317, 302 and 114 of IPC.
FORENSIC REPORT
The postmortem of an infant was conducted at CAV hospital, Patna, and the report (Ex.9)showed that he died due to shock of head injury. There was severe injury seen on the neck and head region. The infant’s body was exhumed on 16th April 2005 and sample of skin, hair and appendages of fingers were collected and sent for a DNA test to FSL. The DNA report(Ex68) showed that the blood sample of both accused matched with that of the child, proving their parenthood.
JUDGEMENT
Both the accused, Vaghari Champaben and Sathwara Bharatkumar Mohanlal were awarded life imprisonment under section 302, 317 and 114 of IPC along with fine of Rs.5000 each.