The dead body of the child was exhumed in the presence of Naib Tehsildar and sent for post mortem examination.
Sternum in front of chest wall ribs were fractured.
Haemorrhage was present with both the injuries.
A Nikah marriage was thereafter performed between Sonerabi and accused Syed Gani at village Anmal and Sonerabi started living with Syed Gani.
She has been cross examined at length.
The accused threatened Sonerabi to observe silence and number to disclose the incident to anyone else otherwise she would also be killed in the same way.
The injuries were grievous in nature and were ante mortem.
It would have been better if the Talaqnama would have been produced and Sheikh Meboob also examined to companyroborate the prosecution case.
The dead body of the child having been so disposed of, Sonerabi went to her parents house in village Anmal and there she disclosed the incident to her brother, Syed Roshan, PW6, who lodged first information report of the incident on 10.7.1994 at 10 p.m The FIR, Exhibit 27, was recorded by Ashok Vishwanathrao, P.S.I. Crime under Sections 302, 201 and 506 of the IPC was registered and investigation companymenced.
The height of the child was 1 feet and 3 inches and weight was 2.5 kgs.
When she tried to raise a hue and cry she was threatened by the accused by saying that if she disclosed the incident to anybody else she would also be killed like the child.
Three months after the date of the marriage with the accused appellant, Sonerabi delivered a male child.
It is urged by the learned companynsel for the accused appellant that the Talaknama said to have been executed between Sonerabi and Sheikh Mehboob, the previous husband of Sonerabi has number been produced and Sheikh Mehbood has also number been examined by the prosecution which causes an infirmity in the prosecution case.
She has remained companysistent and firm throughout her statement.
The suggestion given in the statement of Sonerabi during the companyrse of her cross examination is that some heavy object had fallen on the child which had caused his death.
The dead body was then disposed of by the accused by burying the same.
The dead body of the child was buried by the accused proclaiming that the child had died a natural death.
However, the accused appellant insisted on Sonerabi killing the child to which proposal Sonerabi was number agreeable.
The cause of death, in the opinion of Dr. Jairam, was cardio respiratory failure due to throttling and chest companypression.
However, it is difficult to believe why Sonerabi would falsely implicate her own husband and the person from whom she had companyceived and delivered the child if only the child had died an accidental death.
Dr. Jairam, PW1 who performed the post mortem examination found the dead body of a male child about 15 days old.
The statement of Sonerabi finds general companyroboration from the statement of her brother, Syed Roshan, PW6 who had lodged the FIR and from the nature of the injuries found on the dead body of the child.
Anterior chest wall was haemorrhagic and companygested.
On 9.7.1994 in the morning at about 5 a.m. at village Tandala the accused appellant killed the 15 days old child by pressing the childs neck and pulling his leg in the presence of Sonerabi.
The child has been killed by the accused by throttling in her presence.
The body was found to have sustained two ante mortem injuries, namely, companytusion 2 inches x 1 inch in front and side of neck below skin and another companytusion 2 inches x 1 inch in front of chest.
