A. K. BHATTACHARYA, J.

( 1 ) THE present appeal is directed against the judgment and order of conviction and sentence passed by the learned additional Sessions Judge. Jalpaiguri in Sessions Case No. 26 of 1996 on 02. 06. 97.

( 2 ) A thumbnail sketch of the Prosecution case is that on 13. 06. 93 at about 11. 00 a. m. when the defacto complainant's wife Kaushila mahali (P. W. 7) with her minor daughter Sakita, aged about two years, on back was returning from river Leesh, accused Baburam Mahali suddenly started assaulting the said child with a lathi, for which his wife fell down and then the accused assaulted the child with a stone resulting in her death on the spot and injury of his wife. The people nearby rushed to the P. O. , caught the accused. The injured wife was removed to Garden Hospital where she was admitted. Hence, the accused was charged under sections 325/302 IPC.

( 3 ) THE defence case, as suggested to P. W. s and as contended by the accused during his examination under section 313 Cr PC, is that no such incident took place. While Kaushila was crossing the river, she with her daughter fell down on the bolder of the river, for which she and her daughter sustained injur

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