The judgment establishes the principle that circumstantial evidence, when corroborated and supported by motive, can be sufficient to prove guilt beyond reasonable doubt.

JUDGMENT :

DEBANGSU BASAK, J.

1. The appellant has assailed the judgment of conviction dated September 26, 2019 and the order of sentence dated September 27, 2019 passed by the learned Additional District and Sessions Judge, First Track – 1st Court, Sealdah, South 24 Parganas in Sessions Trial No. 4(6) 2019 convicting the appellant under sections 302/201 of the Indian Penal Code, 1860. By the impugned judgment of conviction and the order of sentence, the appellant had been sentenced to imprisonment for life for offence under Section 302 of the Indian Penal Code, 1860 and pay a fine of Rs. 5,000, in default to undergo rigorous imprisonment for six months. The appellant had been sentenced for three years rigorous imprisonment for the offence under section 201 of the Indian Penal Code, 1860 and to pay a fine of Rs. 1,000 and in default of payment of which, the appellant was directed to undergo rigorous imprisonment for three months more. Both the sentences had been directed to run concurrently.

2. The minor daughter of the appellant had been murdered. Initially, the appellant had lodged a complaint with regard to kidnapping of her daughter with the police on August 31, 2018. In her complaint, the appellant had stated that, there was a strain in the relationship with her husband. She had stated that, she was residing on the pavement in front of Deshbandhu Park with her two and half years old daughter(victim). On August 30, 2018, she was sleeping on the pavement as usual when upon waking up at 6 A.M in the morning, she could not find her daughter. She had complained that unknown people may have abducted her daughter.

3. On the basis of the complaint of the appellant, a police case being Ultadanga Police Station Case No. 144 dated August 31, 2018 in under Section 363 of the Indian Penal Code, 1860 was started on August 31, 2018.

4. The police had thereafter discovered the dead body of the minor daughter of the appellant. The dead body had been identified to be that of her daughter by the appellant. The police upon completion of the investigations had submitted a charge sheet against the appellant and one other. The Court had been informed that the other accused was a juvenile. The charges had been framed as against the appellant on June 15, 2019 under Sections 302/34 of the Indian Penal Code, 1860 and under section 201/34 of the Indian Penal Code, 1860.

5. The case of the prosecution is that, on August 30, 2018, the appellant had killed her daughter aged about two and half years intentionally and thereby committed an offence punishable under Section 302/34 of the Indian Penal Code, 1860 and that, the appellant had caused certain evidence of the offence of murder to disappear with the intention of screening the appellant from punishment and thereby committed an offence under Section 201/34 of the Indian Penal Code, 1860. The appellant had pleaded not guilty and was tried.

6. At the trial, the prosecution had examined 15 witnesses. The prosecution had tendered documentary evidence which had been marked as Exhibits - 1 to 15. The prosecution has also tendered material evidence at the trial. On completion of the evidence of the prosecution, the appellant had been examined under Section 313 of the Criminal Procedure Code. In the examination under Section 313 of the Criminal Procedure Code, the appellant had claimed to be innocent. She had declined to adduce any defence witness.

7. The prosecution had examined the Assistant Sub- Inspector of Police who was posted at the photography section of the detective department of Kolkata police as PW-1. PW-1 had stated that, he had taken photographs of the place of occurrence and the surroundings. He had tendered the photographs which were marked as material exhibits at the trial. He had been cross-examined. In his cross-examination, he has stated that, no relative of the victim identified the body to him.

8. The police official who had prepared the sketch map of the place of occurrence had been examined a