KEDAR MAHATO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The sole appellant Kedar Mahato, who has been found guilty for the charges under Section 302 IPC for killing his own infant child aged about 5 months, has filed this appeal from jail challenging his conviction and sentence of life imprisonment awarded by the trial court.

(2.) The informant Adri Devi, who is none else than the wife of the appellant, lodged a first information report on 13/02/1992 alleging therein that since she was carrying pregnancy of two months and, therefore, she was living at her 'Maika'. About five months prior to the date of occurrence (13/02/1992) a son was born to her, who was named as Khokhua. A few days prior to the date of occurrence, when the appellant visited her 'Maika', he was offered some refreshment by the informant but he refused to accept and told her that the child was not his son rather he was of some one else. The appellant went back to his house and, thereafter, he came again on 12/02/1992 to his in-laws place and he stayed there and spent the night in a room alongwith his wife and the deceased child Khokhua. The informant further alleged that after feeding her child in the morning at about 5 'O' Clock she left her house and went to attend the call of nature in the field leaving her son and her husband in that very room. On her return, she found her son, i.e. the infant child to be dead and her husband was not there in the house. She alleged that since the appellant was nurturing suspicion in his mind that he was not the father of the child and, therefore, he, by pressing the neck of the child, killed him.

(3.) The police, after completion of investigation, submitted charge sheet against the appellant and, thereafter, the case was committed to the Court of Sessions for trial where the appellant pleaded not guilty.