BHUBAN KONWER Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE appellant before us stands convicted under Section 304 Part -I, IPC, and he has been sentenced to imprisonment for ten years and to pay a fine of Rs. 1,000 in default further imprisonment for six months by the Sessions Judge, Sibsagar, in Sessions Case No. 45(S -S) of 1995 arising out of G. R. Case No. 57 of 1995.

(2.) THE prosecution case as unfolded by the wife of the accused is that on 15.1.1995 while she was at her parents place, the accused went there to bring her back and thereafter while some altercation was going on between them, accused snatched away his three months old baby from her lap and dashed the baby on the ground as a result of which the baby died. The FIR was lodged naming the accused. Dr. Dilip Gogoi (PW -5) held the autopsy over the dead body and found as to follows :

(3.) THE trial court had relied upon the evidence of the eye witness as well as the judicial confession to enter into the order of conviction and we find that the above material was sufficient to establish the guilt of the accused. Admittedly, the appellant being the father of the child had no intention to kill his baby and he has taken the plea as he was under the influence of liquor and having row with his wife, out of anger and heat of the moment, he committed the act resulting the death of the baby.