UTTAM SINGHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present appeal is directed against the judgment and order of conviction and sentence dated 22nd July, 2004 and 23rd July, 2004 passed by the learned Additional Session Judge, 4th Court, Paschim Medinipore in Session Trial No. IX/ September / 2001, thereby convicting the accused Uttam Singha under Section 302 of the Indian Penal Code and sentencing him to suffer imprisonment for life and to pay a fine of Rupees One Thousand, in default to suffer imprisonment for one month. In this case the appellant was convicted for an infanticide, the murder of his own baby girl.

(2.) Pw 5 Chandan Mondol, a cousin brother of the accused appellant lodged the First Information Report in this case. Although, he turned hostile during trial, on 8th May, 1998 he lodged a First Information Report at about 16.05 hours alleging that the appellant had taken his own infant daughter from his wife Tulsi at about 8 O'clock in the morning that day in the guise of taking her out. After sometime when he came back with the child and gave it to her mother, the infant started vomiting. Tulsi smelt poison near her mouth. Tulsi took the child to a doctor accompanied by some others, but the infant died while in transit. The doctor declared her dead and suspected that it was a case of poisoning. After birth of the girl child, the appellant did not keep any terms with the wife and child. On the fateful day he suddenly came to take the child out. PW 5 further alleged that upon interrogation by villagers, the appellant admitted that he had himself poisoned his child.

(3.) Investigation commenced. PW 12, a Sub-Inspector of Police conducted an inquest over the dead body of the victim child of nine months Mamata Singha on 8th May, 1998 in the verandah of the house of the victim. He found some frothy substance coming out of the victim's mouth and nose. The fair complexion of the child had turned a bit bluish as a result of administering of poison. He found a red scar on the neck. PW 12 recorded that according to the witnesses the appellant had murdered her by administrating poison. The purported container of poison, wearing apparels of the baby were taken into custody. The signature of the appellant was taken on the Inquest Report. PW 8 conducted the Post Mortem Examination on the dead body on 9th May, 1998 at about 2.30 P.M. Approximately 30 ml. of bad odoured whitish fluid was found present in the stomach. The opinion regarding death was kept pending till the viscera report was available. Subsequently, a charge-sheet was submitted on 3rd June, 2002.