Circumstantial evidence must form a complete and unambiguous chain pointing towards the guilt of the accused. The plea of insanity requires clear evidence of unsoundness of mind at the time of the act.

JITENDRA NATH CHAUDHURI, AJIT KUMAR SENGUPTA

( 1 ) THE appellant has been convicted and sentenced to suffer imprisonment for life and to pay a fine of Rs. 500/- under S. 302, I. P. C. by the Sessions Judge, Hooghly in the Sessions Trial Case No. 57 of 1983 of that Court on the finding that the appellant murdered his youngest son aged about 2-1/2 years on 7-8-82.

( 2 ) THE learned Sessions Judge after discussing the circumstances of this case on the basis of which he passed the order of conviction held that though motive for the murder could not be proved by the prosecution, there could be only one conclusion from the circumstances that the appellant caused the death of his baby Nayan by drowning him in the Ganges and that the plea of insanity having not been proved the appellant was liable to be convicted and sentenced under S. 302, I. P. C.

( 3 ) BEING aggrieved by the order of conviction and sentence passed by the learned Sessions Judge, the accused has preferred the present appeal.

( 4 ) THE point for consideration is whether the charge under S. 302, I. P. C. can be said to have been proved against the appellant according to the standard set forth in S. 3 of the Evidence Act.

( 5 ) THIS case is based on circumstantial evidence only. Before discussing the circumstances on the basis of which the prosecution attempted to bring home the charge under S. 302, I. P. C. against the appellant, the prosecution case may be briefly noted : -

( 6 ) THE appellant who was an employee of Hind Motor Co. lived with his wife D. W. 1 and three children in the house of his father P. W. 1 who worked as a tailor, where P. W. 1 lived with his another son Biplab and unmarried daughter P. W. 4. The appellant was in separate mess from his father. At the time of the occurrence P. W. 9 then aged about 14/15 years was also a resident in the house of P. W. 1, the uncle (Pisamasaya) of P. W. 9.

( 7 ) THE wife of the appellant was absent from the house on the date of the occurrence. The appellant got his wife admitted in a Nursing Home wherefrom she came about 3/4 days after the occurrence. She was taken to the Nursing Home by the appellant on the day preceding the date of the occurrence.

( 8 ) ON 7-8-82 at about 12 noon when the baby Nayan was in the lap of P. W. 9 the appellant sent P. W. 9 to a shop for purchasing biscuits for that baby and gave Rs. 2/- for that purpose. After P. W. 9 got out with the baby for going to the shop the appellant took away the child from P. W. 9. After returning to the house P. W. 9 told his aunt that the appellant took away the child on a cycle. About half an hour thereafter the appellant alone returned to the house. The child was not with him. Then P. W. 4 and others asked him about the whereabouts of the child but the appellant did not tell them anything. Then P. W. 4 and some of her neighbourers including P. W. 5 went out in search of the child. P. W. 6 the married daughter of P. W. 1 also on getting same information rushed to the house of her father from the house of her father-in-law and began to search for her nephew like others. It takes about 20 minutes to cover the distance between the house of his father and that of her father-in-law. Ultimately the dead body of the child was found lying on the bank of the Ganges by P. Ws. 4 and 5. P. Ws. 5 and 6 took the child to the hospital where on examination by the Medical Officer P. W. 7 on that date at about 2. 30 p. m. the child was found dead.

( 9 ) P. W. I was absent from his house when all the aforesaid incidents took place. He returned to his house from his tailoring shop at about 12 or 1 p. m. when the appellant left the house after changing his garments and wearing good clothes. On getting some information P. W. 1 left his house and found his dead grandchild being carried in a Rickshaw. He did not accompany his grandchild. He went to the Police Station and after lodging First Information Report which was recorded by the S. I. of Police of Utterpara Police Sta

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