KAILASH YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Ranjan Kumar Singh, learned counsel for the appellant and Mrs. Kumari Rashmi, learned A.P.P.

(2.) This appeal is directed against the judgment and order of conviction and sentence dtd. 23/3/1999 (sentence passed on 26- 03-1999) passed by Sri Mungeshwar Sahoo, learned 1st Additional Sessions Judge, Godda in Sessions Case No. 219 of 1998 by 153 of 1998 whereby and whereunder, the appellant has been convicted for the offence punishable under Sec. 302 IPC and has been sentenced to undergo rigorous imprisonment for life.

(3.) The prosecution case arises out of the fardbeyan of Fulki Devi recorded on 30/4/1996 in which it has been stated that it was around 8:00 A.M. and she had put her two-month-old sleeping child in the cot. Her husband Kailash Yadav(appellant) had asked her to bring water from the village. The informant had accordingly gone to the village and brought water and after her husband drank water, he left for the village for selling milk. It has been alleged that when the informant came near the child Chaita Yadav, she found foam coming out from the mouth of her child. The informant tried to feed milk to her child but there was no response as the child was dead. It has been alleged that the husband of the informant had administered poison on her child which led to his death. The informant was married to Kailash Yadav for 10 years and about a year back, Kailash Yadav had solemnized a second marriage after which the informant was regularly subjected to torture and assault. When a son was born to the informant, her husband used to threaten her of committing her murder as well as the murder of the infant. It was about 2-3 days since the husband of the informant had returned back from the parental house of his second wife and it was Kailash Yadav, who had administered poison upon the son of the informant.