ROOPSENA KHATUN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is filed by an unfortunate orphan girl against the concurrent judgments of the Sessions Court as also the High Court whereby she stands convicted for the offence punishable under Section 302 IPC as also under Section 379 IPC for committing theft of a silver chain from the body of deceased.

(2.) The prosecution case is that accused Roopsena Khatun committed murder of a child called Baby Khatun by drowning her in a pond and also removed the silver chain from her person. It is alleged that on 29.7.1999, Baby Khatun left her house for her grand-mother house and thereafter, there was no trace of the girl. PW3 Abdul Quddus told the father of the deceased that he had seen Baby Khatun following the accused on the previous day at 10 a.m. A search was started for her and ultimately, the accused was apprehended by the villagers on the next day at about 12 noon in the jute field. On being asked, the accused is supposed to have confessed that she committed the murder of Baby Khatun by drowning her in the pond and had also removed the silver chain from her person. The matter was reported to the police. At about 4.45/5 p.m., the police arrived at the scene of occurrence and is stated to have seized the silver chain from the accused.

(3.) The prosecution relied on the following circumstances.