SHANTARAM RAIKAR Vs. STATE OF GOA

JUDGEMENT

(1.) This appeal is filed by the accused (Appellants herein) and is directed against Judgment and Order dated 2-1-2009 of the learned Children's Court, Panaji, by which both the accused have been convicted and sentenced for infanticide under Section 302 r/w 34 IPC, and for causing the evidence to disappear under Section 201 IPC, inter alia, for life imprisonment. Charge was also framed under Section 8 of Goa Children's Act, 2003 but there is no finding given on that aspect by the learned Children's Court.

(2.) Both the accused are from Diggi, Karwar in the State of Karnataka. Both of them were working as farm labourers in the farm of PW2/ Cristina Crasto at Bhatti, Sanguem, Goa. Both of them got friendly and A-2/Shashikala conceived a child through A-1/Shantaram. They started to reside in the farm house of PW2/Cristina Crasto. It appears A-1/Shantaram was earlier married.

(3.) Both the accused were therefore charged and tried with the allegation that on 9-11-2006 at about 12.30 hours both the accused in furtherance of their common intention committed murder of their six days old child by pressing her neck and chest, and thereafter buried her dead body by digging a pit in a nearby cashew plantation. In support of the charge, prosecution examined 10 witnesses including the said P.I. Shri Gaonkar.