JUDGMENT/ORDER

VIBHA KANKANWADI, J. - Present appeal has been filed by the original accused challenging his conviction by learned Additional Sessions Judge, Kandhar, District Nanded on 11/7/2017 after holding him guilty of committing offence punishable under Sec. 302 of Indian Penal Code in Sessions Case No.06 of 2016. The accused has been convicted for allegedly committing murder of his own daughter aged three months.

2. It is not in dispute that P.W.1 Annapurna is the wife of accused. They were blessed with son Shyam and daughter Shivkanya. Accused was an agriculturist. They were resident of village Marshivni, Taluka Kandhar, District, Nanded.

3. The prosecution has come with the case that P.W.1 Annapurna lodged report with police on 22/11/2015 stating that she had returned from her parents house on 13/11/2015 with daughter Shivkanya, who was then aged three months. On 20/11/2015 around 10.00 a.m., she had made Shivkanya to sleep on cot in the house (locally called as Baaj ). Accused was at home. He told her that she should go to field and bring firewood. Therefore, she went to field. She came back around 11.30 a.m. The girl was groaning and therefore, she tried to take the girl, bu