JEEVAN LAL YADAV Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 10.04.2012 passed by 4th Additional Sessions Judge, Durg in Sessions Trial No.195/2010, whereby and whereunder learned Additional Sessions Judge after holding the appellant guilty for causing homicidal death of minor child namely Uttam Kumar, aged 13 months, amounting to murder, convicted him under Section 302 of the IPC and sentenced him to undergo imprisonment for life and pay fine of Rs.500/-, in default, to undergo additional simple imprisonment for two months.

(2.) Conviction is impugned on the ground that without an iota of evidence, court below has convicted and sentenced the appellant as aforementioned and thereby committed illegality.

(3.) As per case of the prosecution, mother of unfortunate breast-feeding child Nem Bai (PW-11), a married woman, developed relation with the appellant. She conceived and gave birth to a male child namely Uttam Kumar. Appellant, deceased Uttam Kumar and Nem Bai were residing in same room. On the fateful day of 25.08.2010, Nem Bai (PW-11) went for her livelihood, at that time the appellant and the deceased were present in the house. At about 8:30 a.m. Nem Bai (PW-11) came back to her house, she did not find the appellant and noticed the dead body of her son covered by cloth, she shouted and called neighbours and when she came to house she noticed her husband was going from her house by bicycle. She lodged Dehati Nalishi at Police Station- Newai vide Ex.P-9. Investigating Officer left for scene of occurrence, cloth was recovered from the spot vide Ex.P-10. After summoning the witnesses vide Ex.-P/1, inquest of the dead body was prepared vide Ex.-P/4. The Dead body was sent for autopsy to District Govt. Hospital, Durg vide Ex.-P/20. Finally, First Information Report (FIR) was lodged vide Ex.-P/21. Spot map was prepared vide Ex.-P/16. Doctor Lal Mohammed (PW-10) conducted autopsy on the dead body vide Ex.-P/15 and found following injuries:-