N.CHAUDHURY, J. - (1.) In this appeal under section 374 of the Code of Criminal Procedure, Hiralal Guwala alias Tipu has challenged his conviction under section 302 of the IPC in Sessions Case No. 242/2012 of the Court of learned Sessions Judge, Cachar at Silchar. He has been sentenced to suffer rigorous imprisonment for life and also to pay a fine of Rs. 2,000/-, in default, to suffer rigorous imprisonment for a period of one month.
(2.) The prosecution story is that one Kalyani Bhumij, as informant, lodged an ejahar with Officer In-charge of Ghungoor outpost of Silchar Police Station on 03.11.2006 informing that Smti. Jyoti Bhumij, a blind woman, had given birth to a male child about 40 days ago and was at her care and custody as per the request of public of Silcoorie Tea Estate and other panchayats. At around 7 A.M. on the date of ejahar, she had gone out to the garden to attend her duties when her daughter-in-law Nikita was at home. She heard a scream of Jyoti all on a sudden who was sitting at the veranda of the house with the new born infant at her lap. She shouted that someone had taken away her child forcibly from her lap. Nikita came out and raised alarm whereupon neighbouring people assembled. At that time, two children named Kusum Bhumij and Jhuki Mal informed that they had seen Hiralal Guwala going towards jungle with the child of Jyoti. Accordingly, the informant and others made search and found the child in dying state in jungle in front of their well. They brought the child but he died after some time. Ghungoor outpost after making G.D. Entry No. 63 forwarded the same to Silchar Police Station and accordingly Silchar P.S. Case No. 1774/2006 under section 302 of the IPC was registered.
(3.) After obtaining the post mortem report and recording statements of witnesses on the following day, the police submitted charge sheet No. 172 on 27.02.2007 against accused Hiralal Guwala under section 302 of the IPC. On being committed to Sessions, this case was registered as Sessions Case No. 242/2012 under section 302 of the IPC in the Court of learned Sessions Judge, Cachar at Silchar. The accused pleaded not guilty and claimed to be tried.;