MINDLU Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Both the above titled appeals have been filed by the appellant, one through jail and another through counsel against the conviction passed in Sessions Trial No.11 of 2006, decided on 13.3.2007, by the learned trial Court, for the offence punishable under Section 302 of the Indian Penal Code, whereby the convict was sentenced to undergo imprisonment for life and to pay a fine of Rs. .20,000/- with the default clause, allegedly committing the murder of minor child aged about 21/2 years.

(2.) Shri Vinod Gupta, learned Counsel for the appellant, forcefully argued that there is no direct evidence implicating the appellant, hereinafter to be referred as 'the accused' in the present case nor the circumstantial evidence of conclusive nature and tendency to connect the accused for the alleged offence. He has taken pains to read the statements of the prosecution witnesses and ventilated that the learned trial Court did not appreciate the evidence on record in right perspective.

(3.) Shri D.C. Pathik, learned Additional Advocate General, supported the impugned judgment of conviction and sentence and submitted that the prosecution has been able to prove that the minor child, at the relevant time, was in the care and custody of the accused. His mother PW1 Kamlo and father PW4 Girdhari Lal, were away, working in the fields and grazing the cattle, respectively. Child aforesaid was from the previous husband of Kamlo to which the accused did not like. Finding him alone in the house and actuated by malice he was strangulated to death by tying handkerchief around the neck. Thereafter the accused had called his mother. She found her child dead in the aforesaid position. Later her husband came, untied the handkerchief which was around the neck of the child and the matter was reported to police. He also relied upon the statement of doctor as well as the statement of PW2 Laxman, father of Girdhari Lal. Thus, the circumstantial evidence is complete. The accused did not explain as to how and by whom the child was murdered especially when he was in her care and custody.