JUDGMENT :

Sanjay K. Agrawal, J.

1. This criminal appeal preferred under Section 374(2) of the CrPC is directed against the judgment of conviction recorded and sentence awarded against the appellant herein for offence under Section 302 of the IPC sentencing him to undergo imprisonment for life and pay a fine of Rs.5,000/-, in default of payment of fine to further undergo rigorous imprisonment for five months, vide judgment dated 17-12-2013 passed by the Sessions Judge, Raipur in Sessions Trial No.273/2011.

2. Case of the prosecution, in brief, is that the appellant caused death of his son Kuber (illegitimate son) on 12-9-2011 and committed the offence punishable under Section 302 of the IPC. Further case of the prosecution is that the appellant was residing with Smt. Radheshwari alias Neha (PW-1) without marrying her in the house of Loknath Sahu at Lodhipara, Raipur and out of their cohabitation, they were blessed with son Kuber. At the time of offence, Kuber was aged about 3 months having born on 19-6-2011. It is also the case of the prosecution that on the fateful day, the appellant herein sent his wife Smt. Radheshwari alias Neha (PW-1) to bring vegetables particularly, Karela (bitter gourd) and promised her to look after the son as he was sleeping at that time. On the promise made by the appellant and having seen that her son Kuber is also sleeping, she went to bring vegetables, but when she came back, she found that main door of the house was open and cooler was found in running condition, but her husband – the appellant herein and her son Kuber, both were missing pursuant to which she lodged first information report (FIR) Ex.P-1. Spot map was prepared vide Ex.P-3 and the accused was arrested at Village Bade Onki, Police Station Jharband (Orissa). In presence of Mangal Nayak (PW-11) & Chhatrapal Garg (PW-7), disclosure statement Ex.P-8 was recorded and dead body of Kuber was recovered from the byara – courtyard (an open place adjoining the house of the appellant) in possession of the appellant. Dead body of Kuber was recovered vide seizure panchnama Ex.P-9, identification panchnama was prepared vide Ex.P-10, naksha panchnama was prepared Ex.P-11 and dehati morgue with regard to death of Kuber was registered vide Ex.P-13/P-14. Postmortem on the dead body of deceased Kuber was conducted vide Ex.P-7 by Dr. E.K. Thakur (PWCr. 5). Plain soil was seized vide Ex.P-15 and body parts of the deceased were also seized vide Ex.P-16. Seized articles went sent for chemical examination to the Forensic Science Laboratory, Raipur vide Exs.P-17 & P-18. Statements of witnesses were recorded under Section 161 of the CrPC.

3. After completion of investigation, charge-sheet was filed against the appellant for offence under Section 302 of the IPC before the jurisdictional criminal court which was committed to the Court of Sessions for hearing and disposal in accordance with law.

4. The trial Court has framed charge under Section 302 of the IPC against the appellant and proceeded on trial. The accused/appellant abjured guilt and entered into trial. The prosecution in order to bring home the offence examined as many as 11 witnesses and exhibited 20 documents Exhibits P-1 to P-20 and also demonstrated two articles. Statement of Loknath Sahu recorded under Section 161 of the CrPC has been exhibited on behalf of the accused/appellant as Ex.D-1. Statement of the appellant was recorded under Section 313 of the CrPC in which he abjured guilt and pleaded innocence.

5. The trial Court after completion of trial and after appreciating oral and documentary evidence on record, convicted the appellant under Section 302 of the IPC clearly recording a finding that death of deceased Kuber was homicidal in nature and the perpetrator of the crime is the appellant herein and thereby sentenced him to undergo imprisonment for life as noticed in the opening paragraph of this judgment against which this appeal under Section 374(2) of the CrPC has been preferred.

6. Mr. Hanuma