SRI MONTU RAJOWAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal has been preferred for killing of the minor victim child who was 2 1/2 years old at the relevant time. The appellant has been convicted for the offence under Section 302 IPC vide judgment dated 21.08.2009 passed by the learned Sessions Judge, Lakhimpur, in the Sessions Case No. 32 of 2009. After convicting the appellant under Section 302 IPC, he has been sentenced to undergo rigorous imprisonment for life and to pay fine of Rs. 3, 000/-, in default, further rigorous imprisonment for another three months. Being aggrieved with the conviction and sentence the accused has preferred this appeal.

(2.) We have heard Mr. K. Baruah, learned Amicus Curiae for the appellant and Mr. B. J. Dutta, learned Additional Public Prosecutor, Assam.

(3.) We have gone through the impugned judgment and the prosecution evidence of the trial court. The defence case is that at the relevant time there was a quarrel in between the parents of the child. Suddenly, the father attempted to assault his wife with a knife which accidently fell on the deceased child. However, no defence evidence was adduced in this regard. In our opinion, the defence story is totally unreliable inasmuch as two sharp cut injuries were found inflicted on the person of the minor child. As per the doctor (P.W.3) two sharp cut injuries were found on the occipital area. In our considered opinion, 2 (two) fatal injuries could not have fallen on the deceased child accidentally.