- (1.) The appeal is directed against the judgment and order of conviction and sentence dated 27th February, 2008 passed by the Additional Sessions Judge, Fast Track Court III Krishnanagar, Nadia in Sessions Trial No. VI (Jan) 2006 arising out of Sessions Case No. 88 (5) of 2005. By the impugned judgment and order the accused/appellant has been convicted for an offence punishable under Section 302 of the Indian Penal Code (for short referred to as the I.P.C) and sentenced to suffer imprisonment for life and to pay fine of Rs.5,000/- in default of which to suffer simple imprisonment for 2 years for the aforesaid offence.
(2.) The factual scenario of the prosecution case is as follows: The de facto complainant Sachin Mondal (PW 1) made a written complaint at Hogolberia Police Station on 20/3/2004 stating that he gave his daughter Sonali Mondal (PW 15) in marriage to the accused Sanat Mondal one year ago. Out of the wedlock his daughter Sonali gave birth to a female child at Berhampur Matri Sadan. The accused/appellant was not happy with the female child. PW 1 Sachin Mondal brought his daughter and her new born child to his house at Harekrishnapur after she was discharged from the hospital. Inspite of repeated phone calls by Sachin Mondal, the accused/appellant did not come to see his child stating that the girl child would be a burden on him. Suddenly on 18/3/2004 the accused/appellant came to the house of Sachin Mondal and on 19/3/2004 at about 11.00 a.m he (accused) asked his wife Sonali Mondal to go and wash the utensils while he took the child on his lap. After sometime, hearing the cries of the child Sonali, her father Sachin Mondal and his wife (PW 6) as well as the neighbours, came rushing and found the child writhing while her mouth smelt of some poisonous substance. A dropper was found lying there which also smelt of poison. The child Priyanka's condition started deteriorating so she was taken to Karimpur Hospital wherefrom she was referred to Baharampur District Hospital. The victim child died on the way to the district hospital. According to the de facto complainant, the accused/appellant murdered the victim child by administering poison to her.
(3.) On the basis of the aforesaid written complaint (exhibit 1) Hogolberia P.S Case No. 23 of 2004 dated 20/3/2004 under section 302 of the I.P.C was initiated against the accused. Investigation into the case culminated in the submission of the charge-sheet under Section 302 of the I.P.C against the accused/appellant.;