JUDGMENT :

RAMESH SINHA, J.

1. This criminal appeal preferred under Section 374(2) of the Cr.P.C. is directed against the impugned judgment of conviction and order of sentence dated 14.01.2022 passed by the learned Sessions Judge, Mungeli (C.G.) in Session Trial No. 20 of 2020 by which the appellant has been convicted for offence under Sections 302 of the Indian Penal Code (IPC) and sentenced to undergo imprisonment for life and fine of Rs. 1000/- with default stipulation.

2. Case of the prosecution, in brief, is that on 02.01.2020, complainant-Shivkumar Patel (PW-1) lodged a complaint at the Police Station, Jarhagaon, Mungeli alleging that his son namely: Ranjeet Patel (present appellant) was living separately in a house alongwith his wife namely: Jyoti Patel (PW-4) and two daughters. The present appellant is habitual drinker and has interest in sorcery (Tantra-mantra), due to which he was not in a good mental state. On 02.01.2020, at about 18.00 hours, he slit the throat of his younger daughter namely: Koyal @ Neelam aged about 12 months. On the basis of complaint of Shiv Kumar Patel (PW-1), the Police of Police Station Jarhagaon, Mungeli has registered the First Information Report (Ex.P/14). Investigation Officer left for scene of occurrence and after summoning the witnesses vide Ex.P/9, inquest over the dead body of deceased was prepared vide Ex.P/8. During investigation, spot map was prepared by Patwari vide Ex.P/2.

3. Dead body of the deceased was sent for postmortem to the District Hospital, Mungeli (C.G.) where Dr. Saumya Gourha (PW-15) conducted the postmortem vide Ex.P-24 and found following injuries:

1. The mouth was half open. The tongue was inside the mouth. Dried blood stains on the right side of the face and in the right ear.

2. There was stiffness after death in both hands and feet.

3. One cut wound to the depth of 12 x 3 cm. was present which was cut in the outer part of the neck up to the left jugular vein, left The carotid artery which was cut in the outer part backwards till the yacht and food pipe. A cut wound 5 cm above the chest. multiplied by half cm

4. One cut wound was found up to the chest depth of 1 cm.

5. A cut wound 3 x 1 x 0 cm deep in the right ankle.

6. There was a cut wound of size 8 x 1 x half cm from left wrist to left ear. All the above injuries are severe and the injury was caused by a sharp object and was prior to death.

She opined that cause of death was due to deep cut throat injury due to profuse bleeding, the nature of death was homicidal and was within 12 to 24 hours from the date of examination.

4. Statements of the witnesses were recorded under Section 161 of the Cr.P.C. After investigation, it was found that Koyal @ Neelam died on account of deep cut throat injury due to profuse bleeding, by the accused/appellant Ranjeet Patel. The accused was arrested for offence under Section 302 of the IPC and arrest memo was prepared vide Ex.P/6. Thereafter, charge-sheet was filed before the Chief Judicial Magistrate, Mungeli, who in turn, committed the case to the Court of Sessions, Mungeli.

5. The accused/appellant abjured the guilt and entered into defence. In order to bring home the offence, the prosecution examined as many as 15 witnesses and exhibited 25 documents. The defence has neither examined any witness nor exhibited any document.

6. The trial Court upon appreciation of oral and documentary evidence on record and considering that it is the appellant who has committed the murder of his daughter, convicted and sentenced him under Section 302 of the IPC, against which the instant appeal under Section 374(2) of the Cr.P.C. has been preferred.

7. Mr. Santosh Bharat, learned counsel for the appellant vehemently argued that although conviction of the appellant is substantially based on the evidence of Shivkumar Patel (PW-1), who is the grand-father of the deceased and father of the accused/appellant, but his evidence does not inspire confidence and trust. He also submits that during trial, the other pro