GOBINDORAON Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant, Gobind Oraon, aged 21 years, has been convicted for infanticide as also under Section 328 of the Indian Penal Code and has been sentenced to life imprisonment. The Cessions Judge, Gumla, before whom the appellant was tried, did not impose any separate sentence under Section 328 of the Indian Penal Code. The victim in this case was aged only 2 months and it is stated that the informant was the illegitimate son of the appellant through Pramila Oraon, P. W. 5.

(2.) According to the prosecution story, Bimla Kumari (P W. 1) who is the sister of Pramila Oraon (P. W. 5) had returned from school on 19-2-88 at about 4p.m. It may be stated that the appellant and the prosecution witnesses are'residents of village Basua Bans Toli P. S. Gumla, Dist. Gumla. Bimla Kumari saw the appellant and one Prakash Oraon sitting on a cot infront of the house of the appellant, the witness took the child ot Pramila in her lap for playing with her. She asked Pramila to wash the urensils. At about 5 p. m. the appellant came and told the witness to hand over the child to him as he wanted to play with her. As soon as the child was handed over to the appellant, the appellant forced some liquid from a small bottle into the mouth of the child. When the witness asked as to what he was doing the appellant said that he was giving medicine. The child was then handed back to the witness. The witness saw froth coming out of the mouth of the child She raised alarm and the appellant fled away. An attempt was made to catch the appellant by the father and another person who arrived there but the appellant is said to have threatened them. The infant died after two hours.

(3.) The first information report of the incident was recorded on information of Bimla Kumari at Gumla Sadar P. S. at 9.45 a. m. on the next morning. In the Fardbay an the informant narrated the facts stated above. She further stated that her sister Pramila was having affair with the appellant and she bad given birth to the child, a month earlier. A case under Section 328/302, I. P. C. was registered and investigation commenced by the officer-in-charge of Gumla Sadar Police Station.