ARCHANA MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Unfortunate homicidal death of a six months' old child is the subject matter of the instant case. Mithun was born to Jiten (P.W.1) and his wife Kabita (P.W.12). There was a dispute between Kabita and the appellant, who was her sister-in-law, in connection with the use of a joint privy. On 10.3.2014 Kabita after massaging his son with oil had kept him in a cradle in the veranda in the house. Thereafter, Kabita went out to wash clothes. It is alleged appellant was alone in the house with the child. Upon returning home, Kabita could not find the child and started crying. Local people came to the spot and started searching. There was a well in the house which was covered with a tin sheet. On removing the tin sheet, they found the body of the child floating in water. Appellant was in the house tried to flee away. Neighbours detained her. Thereafter, she confessed her guilt. On the written complaint of P.W. 1 Jiten, FIR was registered under section 302 IPC against the appellant. In conclusion of investigation, charge-sheet was filed. Charge was framed under section 302 IPC. Appellant pleaded not guilty and came to be tried. It was her specific defence that P.W.1 suspected the paternity of the child and had murdered his own child out of grudge. Subsequently, blame was thrown on the appellant. To prove its case, prosecution examined 15 witnesses and exhibited a number of documents.

(2.) In conclusion of trial, the trial Judge by the impugned judgment and order dated 01.07.2016 and 04.07.2016 convicted the appellant under section 302 of the Indian Penal Code and sentenced her to suffer rigorous imprisonment for life and pay a fine of Rs.10,000/- (rupees ten thousand only) in default to suffer rigorous imprisonment for one year more.

(3.) Mr. Bhattacharya appearing for the appellant argued there is no direct evidence connecting the appellant with the crime. As per P.W.s 1 and 12 incident occurred at 10.30 in the morning. However, post-mortem doctor (P.W.11) who conducted post-mortem over the body of the child at 4 p.m. deposed that the death of the victim occurred 8 to 36 hours ago. He also stated that if a body falls in water it would float in water after 8 to 12 hours in summer and 12 to 24 hours in winter. Hence, the ocular version of P.W. 1 and 12 with regard to time of death does not find support from medical evidence. Plea that appellant was alone in the house has not been proved. The house was occupied by four brothers and their families. Apart from P.W.s 1 and 12, none of the brothers or their wives have been examined in court to establish their whereabouts on the date of occurrence. Extra-judicial confession is inadmissible as the same was procured under threat and coercion and is not corroborated by other evidence on record. Accordingly, he prayed for acquittal.