PAWAN KUMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant-prisoner has appealed against his conviction and sentence under Section 302, I.P.C. for causing death of his two year old female child Yeshoda.

(2.) The prosecution case mainly rests on the oral evidence of Rajbai (P.W. 10), wife of the accused, Gajraj (P.W. 8) and his wife Dhasnin (P.W. 9) - maternal uncle and aunt respectively of the accused. As per the version of P.W. 10 Rajbai, a day before the discovery of the dead body of the child the accused quarrelled with her on a minor irritation of she having administered medicine to the child with a tea spoon. The accused got angry, snatched the bottle of medicine and spoon and threw them away. He then started beating the wife. This quarrel was witnessed by Gajraj, maternal uncle and Dhasnin, maternal aunt and they intervened. Thereafter the members of the house went to bed.

(3.) Thereafter, in the next morning when the child was with the mother the accused demanded custody of the child. The wife said that she would give the child only if the husband would clean his mouth and hands. The accused lost his temper and caught hold of her neck. He then snatched the child from the mother and went out of the house. Thereafter he did not return.