Ashutosh Kumar, J.—We have heard Mr. Ansul, the learned Advocate for the sole appellant and Mr. Dilip Kumar Sinha, the learned APP for the State.

2. The appellant has been convicted under Sections 302 and 309 of the Indian Penal Code vide judgment dated 07.09.2019. By order dated 09.09.2019, he has been sentenced to undergo imprisonment for life, to pay a fine of Rs. 10,000/- under Section 302 of the IPC and to undergo SI for one year, to pay a fine of Rs. 5,000/- under Section 309 of the IPC.

3. Both the sentences have been ordered to run concurrently.

4. This is a tragic case where a young girl has died and it has been alleged that her father/appellant, administered a soft drink laced with poison to her. The viscera report confirmed that the dark brown fluid which was collected from her stomach during postmortem and sent for chemical examination contained Aluminum Phosphide which is commercially known as Celphos and is a severe gastrointestinal irritant. It is also used as a grain preservative and is highly poisonous.

5. The mother of the deceased, viz., Guriya Devi (PW-5) lodged the fardbeyan, which is the basis for prosecuting the appellant, her husband. According to her story, somebody informed her at about 7:00 AM on 22.01.2016 from PMCH that her husband and her children have consumed poison. She immediately rushed to PMCH along with her son, viz., Nishant Kumar (PW-3). She found one of her daughters, viz., Lily Kumari (15 years) dead in the Emergency Ward of PMCH. The appellant and two other daughters, viz., Nishu Kumari (PW-1) and Chhoti Kumari (PW-2) were being treated in the hospital. Their condition also was reported to be serious. Nishu Kumari (PW-1), on being asked by her, informed that the appellant had mixed poison in the soft drink (Maaza) and had made her and her sister drink it. The appellant also had consumed the poison mixed cold drink. This made Nishu (PW-1) nervous, who came out of the house to report about the occurrence but she was prevented by the appellant. In the meantime, the situation of Lily grew serious. Later, with the intervention of local people, the members of the local administration arrived and brought all of them to PMCH. PW-5 was further informed that Lily was declared dead on her arrival at the PMCH. In her fardbeyan, she has also alleged that her husband had illicit relationship with one Sonam Devi and that was the cause of the domestic squabbles for a long time. Precisely, because of that disturbed family relationship, an attempt was made by the appellant to commit suicide after killing the other children. The occurrence, according to her, had taken place in the night of 21.01.2016 at about 10 O'clock.

6. On the basis of the aforenoted fardbeyan statement of PW-5, a case vide Pirbahore P.S. Case No. 22 of 2016 dated 22.01.2016 was registered for investigation, initially under Sections 304 and 309 of the IPC. Later, Sections 302 and 328 were also added.

7. The appellant was charge-sheeted, whereafter he was tried.

8. The Trial Court, after having examined seven witnesses on behalf of the prosecution and four on behalf of the defence, convicted and sentenced the appellant as aforesaid.

9. Mr. Ansul, the learned Advocate, while assailing the Trial Court judgment has argued that the evidence on record was not appreciated by the Trial Court in correct perspective. The basic principles of appreciating the evidence were ignored by the Trial Court. The implicit reliance of the Trial Court on the deposition of two of the daughters of the appellant, who were of very young age and could not have been called sterling witnesses because of the inconsistent statements made by them, has unfortunately resulted in the unmerited conviction and sentence of the appellant.

10. He has further argued that the Investigator took no steps to find out the truth and had adopted a most shortcut approach of believing every word of what the informant (PW-5) had to say; notwithstanding the fact that the relationship of PW-5 wi