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Emperor Vs. Musammat Mulia - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported in50Ind.Cas.1003
AppellantEmperor
RespondentMusammat Mulia
Excerpt:
penal code (act xlv of 1860), sections 309, 312, 511 - attempt by woman in advanced, state of pregnancy to commit suicide--child born dead--offence. - - 1. musammat mulia, a woman about thirty years of age, of the kumhar or potter caste attempted to take her own life by throwing herself down a well. delivered of a child while in the well and it is not surprising that the unfortunate infant was born dead. the result of the woman's throwing herself into the well was that the child was born dead. i am quite satisfied that the idea of possible consequences to the child was simply not present at all to the woman's mind when she committed the rash and criminal act for which she has been rightly convicted......herself down a well. she has been rightly convicted of an offence under section 309 of the indian penal code. it so happened that this unfortunate woman was at that moment in an advanced stage of pregnancy. indeed the excuse she her self put forward for her rash and criminal act was that she had been driven almost frantic by the pains of prolonged labour. she was actually: delivered of a child while in the well and it is not surprising that the unfortunate infant was born dead. on this state of facts the learned sessions judge has argued himself into a conviction that musammat mulia committed a further offence, namely that of attempting to cause herself to miscarry and he has convicted her under section 312, read with section 511 of the indian penal code. i find it quite impossible to.....
Judgment:

Piggott, J.

1. Musammat Mulia, a woman about thirty years of age, of the Kumhar or potter caste attempted to take her own life by throwing herself down a well. She has been rightly convicted of an offence under Section 309 of the Indian Penal Code. It so happened that this unfortunate woman was at that moment in an advanced stage of pregnancy. Indeed the excuse she her self put forward for her rash and criminal act was that she had been driven almost frantic by the pains of prolonged labour. She was actually: delivered of a child while in the well and it is not surprising that the unfortunate infant was born dead. On this state of facts the learned Sessions Judge has argued himself into a conviction that Musammat Mulia committed a further offence, namely that of attempting to cause herself to miscarry and he has convicted her under Section 312, read with Section 511 of the Indian Penal Code. I find it quite impossible to understand how the act in question can be brought within the purview of these sections. If any farther offence was in fact committed by the woman, beyond that of attempting to take her own life, it would apparently be one filling within the purview of Section 315 of the Indian Penal Code; but the learned Sessions Judge correctly found that the provisions of this section could not be applied. He brings it under Section 312 by reason of the definition of the word 'voluntarily' in an earlier portion of the same Code, It is sufficiently obvious that, so far as concerns the fact that the child was not born alive, there was no question of any attempt. The result of the woman's throwing herself into the well was that the child was born dead. I am quite satisfied that the idea of possible consequences to the child was simply not present at all to the woman's mind when she committed the rash and criminal act for which she has been rightly convicted. I set aside the conviction and the sentence under Section 312, read with Section 511 of the Indian Penal Code. On her conviction under Section 309 the woman was sentenced to rigorous imprisonment for three months and this sentence she has presumably served. Orders will, therefore, be issued for her immediate release.


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