The appellant had recently given birth to the child who

was hardly 15 days old. In such case, she would remain in the room with the child and not go out on the terrace in the early hours of the morning and expose the newborn child to the cold winter chill, the judges observed. Moreover, if the child accidentally fell from the hands of the appellant from the terrace there is no explanation for the fractured heels of the appellant except that she jumped from the terrace with the child. Thus, the defence plea that the child accidentally fell down from the terrace cannot be believed, the judges said. The prosecution case that the appellant jumped from the terrace with the child is also borne out from the medical record which shows that the appellant had sustained fractures on both her legs, the judges further said. Though Kesherbai, mother of the appellant, turned hostile, in her evidence she had admitted that when she was awakened at dawn, she found her daughter and child were not found on the cot. She found that her daughter and child were lying on the ground in the courtyard outside. In such case, it is for the appellant to explain how the baby died, the judges opined. On November 10, 2005, at 4 am, the appellant jumped with her minor child from the terrace of her first floor house. Her intention was to kill the child and commit suicide. However, finding that the child has not died, she stabbed the child with a knife in the abdomen, according to prosecution. Both mother and child were rushed to nearby hospital where doctor examined baby and found that intestines had come out. On examining the appellant, she told him that she had stabbed the baby and she had no desire to live. The mother had also told the doctor that she found the baby abnormal. In the fall from terrace, the mother had fractured her legs. The baby later died due to injuries. The Pune sessions court pronounced the accused guilty for the murder of the child on January 22, 2008. She filed an appeal which was rejected by the High Court.