CHANO MOCHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Accused appeals.

(2.) The appellant, on being charged and tried under Section 302 I.P.C. for an offence murder on the allegation that he caused the death of a child, Rabindra, aged about 20 days, was found guilty, as charged and sentenced to imprisonment for life, which is under challenge in this appeal.

(3.) The deceased child, Rabindra is the grand son of P.W. 2, Gangauri Bhuiyan, who is the husband of P.W. 1. P.W. 5 is the father of the deceased child and husband of P. W. 4. They were residing in the village along with the appellant who was also related to them. On 13-12-1988, at about 10.30 a.m. P.Ws. 4 and 5 were inside the house. P.W. 2 was sitting on the cot on which the deceased child was also sleeping who was covered with blanket. The appellant entered in the house with a lathi and beat the deceased child and thereafter ran away from the place. On seeing this, P.Ws. 1 and 2, who were present, raised alarm and P.W. 4, who came out of the house, chased the appellant and caught him. A Fardbayan, Exhibit 2 was laid at the police station at 4.40 p.m. on the same day. The investigation in the crime was, thereafter, taken up. After investigation was taken up, inquest was conducted and after Inquest, body of the deceased child was sent to the hospital with a request for an autopsy. On the receipt of the requisition Dr. K.M. Shah, P.W. 10 conducted autopsy and found bruise covering the right temporal region on the skull. On dissection, the doctor noticed that the membranes were lacerated and underline big haematoma was present. The brain tissues were gravely lacerated and oedematous. He issued Exhibit 1, the Postmortem Certificate with his opinion that the deceased child died on account of shock and hemorrhage due to head injury.