( 1 ) THE appellant Miss Ganga Basnet, who was working as an Auxiliary Nurse and mid-wife in a primary health sub-centre was tried for having committed murder of her new born baby, has been convicted under Section 304 IPC Part I and sentenced to 7 years' rigorous imprisonment by the Sessions Judge, Sikkim at Gangtok in Criminal Case No. 19 of 1986.

( 2 ) THE appellant, a spinster was a tenant and occupying a room in the found floor of one Mrs. Dorjee Doma Bhutiani, PW 2. It is alleged that the appellant locked the doors and remained inside the room and inspite of repeated knocks by PW 2, she did not open the door. In reply the appellant used to say that she was suffering from high fever. After two days, PW 2 became suspicious that something untoward has happened. So he went to the Police Station and lodged information on 26-11-1985 at about 12. 00 noon before the Havildar PW 5 who was incharge of Lingtam Out Post. Havildar deputed two constables to go to the spot and take steps in opening the room. The two constables having failed, Havildar himself went at 5 P. M. After repeated knocks and persistent request the appellant finally opened the door round about 2 A. M. (on 27-11-1985 ). According to PW 5 when he along with others entered the room, they came across a very foul smell. On being asked by PW 5, appellant said that she has delivered a still-born baby which has been kept below the cot where she was sleeping. The dead-body was brought out from below the bed and PW 5 prepared the inquest report. At that time it was noticed that there was some blood stains outside the mouth of the baby. The appellant was in a very bad state of health and she was sent for treatment. The dead body was sent to the Gangtok Hospital on the following day for post-mortem examination. The police conducted the investigation and during the course of investigation post-mortem report was received by the Police with doctor's opinion that death was homicidal due to strangulation. After completion of the investigation police submitted charge-sheet. She was tried in the court of Sessions Judge who after considering the evidence found her guilty of having committed offence under Section 304 Part I of the Indian Penal Code and sentenced her to 7 years' rigorous imprisonment.

( 3 ) THE prosecution in order to prove the case had examined 11 witnesses. PW 1 is the Doctor who examined the appellant when she was admitted to the, Primary Health Centre and on examination she found that there were signs and symptoms showing that the appellant had delivered a child recently. Ext. P. 1 is his report. PW 2 is the informant and she has stated that the appellant has been confining herself inside the room which she had taken on rent and in spite of repeated knocks and requests she did not open the door. He suspected some foul play and reported the matter to the Police and Havildar PW 5 came there and the door was opened after several requests and knocks by the Havildar. The body of dead child was brought out from under the bed. The baby had stains of blood in the mouth. In cross-examination she has stated that she did not hear cries of the baby during the relevant period. PW 3 who is a VLW in the Agriculture Department who was present at the time of opening of the door and she has also stated in the same vein as PW 2. PW 4 is the father of the appellant who said that he had not noticed that his daughter was pregnant at any time. PW 5 is the Head Constable. He stated that PW 2 lodged the information round about 12 noon of 26-11-1985, after which he deputed two constables and as the appellant did not open the door the constables reported the matter to him, thereafter he proceeded to the spot. After a long time appellant at about 2. 30 A. M. (on 27-11-1985) opened the door. He led all persons present into the room and as soon as they entered they came across a bad odour in the room. After the repeated questions appellant gave out that "she had actually deliv