MANA NASKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgment of conviction dated January 27, 2012 and the order of sentence dated Jan 30, 2012, passed by the learned Sessions Judge, Fast Track Court -II Howrah in the Sessions Trial No. 465/2008, whereby the appellant has been convicted under Sec.302 of the IPC and has been sentenced to imprisonment for life, and a fine of Rs.10,000.00has imposed on her. In default thereof, she is to further undergo a rigorous imprisonment of one year.

(2.) On August 12, 2008, the victim, 2 year old Gobindo, was as usual, left in the custody of his grandmother being Tapobala Naskar (PW 15) by his parents being Madhusudan Naskar (PW 4) and Sabita Naskar (PW 5) before they left for work. PW4 worked as a rickshaw van puller and PW-5 as a house maid. On that date, Gobindo was aged about 1-2 years. The house of the appellant and her brother-in-law were next to each other. Tapobala used to stay with her two sons alternatively.

(3.) On that fateful day, appellant, Mana Naskar, the aunt of Gobindo, is stated to have persuaded the grandmother to take the victim with her, on the pretext that the victim would play with her daughter Arati (PW 2). She is then stated to have thrown him in the pond, adjoining the house of the accused. Nobody saw the incident.