The judgment underscores the requirement of proof beyond reasonable doubt in circumstantial evidence cases and the significance of corroborative evidence and consistency in witness testimony.

Joymalya Bagchi, J.:

1. The appeal is directed against the judgment and order dated 05.08.2005 passed by the learned Additional Sessions Judge, 3rd Fast Track Court, Malda, in Sessions Case No. 3 of 2001 (Sessions Trial No. 6(12) of 2003) convicting the appellant for commission of offence punishable under Sections 498A and 302 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for three years and to pay a fine of Rs.200/-, in default, to suffer simple imprisonment for three months more for the offence punishable under Section 498A and to suffer rigorous imprisonment for life and to pay a fine of Rs.2,000/, in default, to suffer simple imprisonment for one year more for the offence punishable under Section 302 of the Indian Penal Code, both the sentences to run concurrently.

2. The prosecution case, as alleged, against the appellant is to the effect that appellant was married to one Ranjana Basak (P.W. 6) on 29th November, 1990 according to Hindu rites and customs. The appellant subjected her to physical and mental torture. On 6th December, 1991 she gave birth to a female child. The appellant tried to kill the child by mixing petrol in her milk. But noticing the smell of petrol, Ranjana Basak did not feed her child with such milk. On 16.08.1992 in the morning around 6 a.m. Ranjana had gone to the bathroom and when she came out she found a small bottle lying by the side of her daughter and her daughter was turning blue. The appellant was present in the room. She raised hue and cry whereupon the appellant took away the bottle and left the place. Neighbours arrived at the spot and with the help of neighbours she admitted her child to the hospital. Soon after admission her child expired. Her brothers came to the spot and she narrated the incident to the neighbours and her brothers. She lodged first information report being EBPS Case No. 278/92 dated 16.08.1992 under Sections 498A and 302 of the Indian Penal Code against the appellant. The postmortem report of the victim confirmed that the child had died due to endo sulphan poisoning. Charge sheet was filed against the appellant under Sections 498A/302 IPC.

3. The case being a sessions triable one was committed to the Court of Sessions and transferred to the Court of the Additional Sessions Judge, 3rd Fast Track Court, Malda for trial and disposal. Charges were framed under Sections 498A and 302 of the Indian Penal Code against the appellant.

4. The appellant pleaded not guilty and claimed to be tried. It was the specific defence of the appellant that he had gone out for morning walk and was not present at the house at the time of occurrence and upon return to his residence he found that his daughter had been removed to the hospital for treatment. He went to the hospital and signed in the records of the hospital as Sanat Basak as he was also known by the said name.

5. Prosecution examined 16 witnesses and exhibited a number of documents to prove its case. The appellant examined one witness to probabilise his defence that he had gone out for morning walk at the time of the incident.

6. In conclusion of trial, the trial judge by judgment and order dated 05.08.2005 convicted and sentenced the appellant, as aforesaid.

7. Mr. Bhattacharyya, learned counsel appearing for the appellant submitted that all the circumstances relied by the prosecution have not been proved beyond reasonable doubt and they do not form a complete chain unerringly pointing to the guilt of the appellant. The appellant had probabilized the fact that he was not present at the residence and the trial Judge arbitrarily refused to rely on the evidence of D.W. 1. No motive on the part of the appellant to commit the crime has been proved. The evidence on record that the appellant had earlier tried to administer poison to his daughter is not supported by any contemporaneous document. It is submitted that P.W. 6 and her family members came from a financially sound background and were inimical to