GAJADHAR MORAR Vs. STATE OF CHHATTISGARAH

JUDGEMENT

(1.) - This Criminal appeal under Section 374 (2) of the Cr. P. C. is directed against the judgment of conviction and order of sentence dated 7th, January, 2004 passed in S. T. No. 105/03 whereby learned Additional. Sessions Judge, dhamtari, has convicted the appellant under sections 363, 364 and 302 of the IPC and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 1,000; R. I. for 7 years and to pay a fine of Rs. 1,000 and to undergo imprisonment for life and R. I. for one year on each count. All the three sentences have been directed to run concurrently.

(2.) THE case of the prosecution, as revealed from First Information Report of Ex. Pll, is that the appellant had illicit relationship with Bena Bai, daughter of the complainant. Bena Bai gave birth to a male child on 16. 11. 94 through her illegitimate relationship with the appellant. Panchayat was convened in this regard and it was decided that the child shall remain in the custody of his mother for the present and custody shall be handed over to the appellant after the child attains the age of 3 years. Bena Bai is unmarried, who is residing with her father ram Dayal (PW2), the complainant. On the date and time of the incident, when the child was sleeping with his maternal grandfather i. e. the complainant, the appellant forcefully took the child and fled away leaving the bicycle in the house of the complainant. The complainant tried to chase the appellant however, he managed to flee. On 6. 10. 95, shiv Prasad (PW1) gave merg intimation in the police station Ranchirai. District Durg informing that the dead body of 1-1/2 years old child is floating in the canal.

(3.) AFTER registering merg, the police proceeded to the scene of occurrence and performed inquest over the dead body of unknown child on 6. 10. 95 in the presence of witnesses. The body was sent for autopsy to the Primary Health Centre, Gundetdehi where Dr. A. P. Sawant conducted postmortem and gave his report of Ex. P10.