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Om Kanwar vs. State of Rajasthan

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Penal Code, 1860–Sec. 302–Evidence Act, 1872–Sec. 106–Murder of girl child, aged five months–Accused-appellant is her mother–All the witnesses stated that the child was hale and healthy and was playing with his mother–Medical report showing that the death might have occurred on account of neck of the child getting entangled with the rope of the cot–Appellant was under obligation to explain the special circumstances which were in her personal knowledge as the cause of death was asphyxia as a result of antemortem throttling–Appellant did not utter the single word in her explanation u/s. 313–Held, conviction was justified.