KINGAONKAR V.R., J:-

1. This appeal is directed against judgement rendered by learned Sessions Judge, Parbhani, in Sessions Case No. 43 of 2007 whereby appellant, named above, has been convicted for offence punishable under section 304-II and 323 of the I.P. Code and is sentenced to suffer rigorous imprisonment for five years and to pay a fine of Rs. 2000/-, in default to suffer rigorous imprisonment for three (3) months and rigorous imprisonment for one (1) month and to pay a fine of Rs. 200/-, in default to suffer rigorous imprisonment for seven (7) days, respectively.

2. Briefly stated, the prosecution case before the Trial Court, was that after marriage between the appellant and informant Sow. Meera, he used to harass her due to demand for unpaid dowry amount. The marriage was performed on 22nd April, 2004. She

became pregnant and was taken away by her father to

his house, for her delivery. She delivered a weakling and premature female baby. She returned to house of the husband after the appellant made separate arrangement for his residence. They used to reside separately. A parcel of land was also allotted to him by his parents. He used to demand an amount of Rs.10,000/- from her parents. She was being troubled by him due to non fulfillment of such unlawful demand.

3. On 13th January, 2007, PW Manoj who is brother of informant Sow. Meera, visited house of the appellant to meet her. Her brother met her and left

house of the appellant somewhere in the evening when the appellant was not at home. The appellant returned home in the night time. The female child by name Sakshi aged about one and half year, was in slumber. The appellant inquired with informant Sow. Meera as to whether her brother had brought the amount so demanded by him. She told him that her brother did not bring any amount. The appellant was infuriated. He slapped informant Sow. Meera and all of a sudden, lifted the female child - Sakshi, whirled her around and hit the child on chest and back of informant Sow. Meera. Before he could realize as to what had happened, the female child became unconscious and her pupils were dilated. The pupils of the child became white and evidently, the child became breathless. The appellant took the child to a local doctor in the same night. Thereafter, the female child was rushed to the Government Hospital at Parbhani. The Medical Officer declared that the child was no more. The parents of informant Sow. Meera visited house of the appellant immediately in the next morning. They took her to Police Station at Tadkalas. She lodged a report against the appellant about the incident, including the past incidents of matrimonial cruelty. Thereupon, the police conducted investigation. The dead-body of minor female child - Sakshi was subjected to post mortem examination. Consequent upon material gathered during the investigation, the appellant along with his parents were prosecuted for offence punishable under sections 302, 498-A, 323 and 504 read with Section of the I.P. Code.

4. To the charge (Exh-9), the appellant pleaded "Not guilty". He denied truth in to the accusations. He suggested defence of accidental death of the minor child. According to him, the child had fallen from the cot before he went home.

5. At trial, in all six (6) witnesses were examined in support of the prosecution case. The learned Sessions Judge held that the charge for offence of matrimonial cruelty was not proved against either of the accused. They were acquitted of the offence punishable under section 498-A of the I.P. Code. So also, the parents of the appellant were acquitted of the offence punishable under section 302 of I.P. Code in as-much-as they did not assault the minor female child - Sakshi and did not aid or in any manner abet the appellant in causing her death. The

learned Sessions Judge, however, came to conclusion

that though the appellant had no intention to cause

the death of female child, yet, he had reason to know that his act would cause the