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1) This criminal appeal under Section 374(2) of the CrPC is directed against the impugned judgment of conviction recorded and sentence awarded by the learned Sessions Judge by which the appellant has been convicted for offence punishable under Section 302 of the IPC and sentenced to undergo imprisonment for life and to pay fine of ₹ 1,000/-, in default, to undergo additional simple imprisonment for three months.

2) As per the prosecution story, one Komal Dev, ward boy of Government Hospital Kanker lodged morgue report vide Ex.P/ 16 on 25.02.2012 at about 12.30 Hrs. to the effect that Page 2 deceased Sahil aged about 1.5 months died on account of administration of poison. On the basis of morgue, the dead body was sent for postmortem, which was conducted by Dr. Lokesh Dev (PW/8) and postmortem report is Ex.P/11, where he has opined the cause of death on account of poison. Viscera were preserved and same was sent for FSL. FSL report is Ex.P/24 and according to which presence of Organophosphorus pesticides and methyl parathion pesticide have been found in Articles A-1, A-3, A-4 and A- 5 whereas in Article A-2 paracetamol syrup has been found. During the investigation, Police seized a plastic container with label organic liquid and one bottle of paracetamol suspension on instance of the appellant vide Ex.P/1, on the basis of memorandum vide Ex.P/2. The statement of the witnesses was recorded and after completion of the investigation, charge-sheet was filed before the Chief Judicial Magistrate, Kanker and same was committed to the Court of learned Sessions Court for deciding the case on merits.

11) Rajesh John (PW/10), Investigating Officer, has stated that spot map was prepared by him vide Ex.P/8. Memorandum statement of the appellant was recorded vide Ex.P/2 and on the basis of such statement, white plastic container of organophosphorus methyl pesticide and one small bottle of paracetamol syrup were seized from the appellant vide Ex.P/1. Viscera etc. were seized vide Ex.P/7 and were sent for FSL. FSL report is Ex.P/24. With regard to motive, the witnesses as well as the appellant have stated that there was love affair between Pawanwati and Ishwar Lal and at that time Pawanwati was carrying pregnancy and after indulgence of the society marriage was performed. Smt. Pawanwati (PW/2) has stated that on the date of incident, her mother-in-law i.e. the appellant herein had taken the deceased on her lap for the first time. Mohanram Sahu (PW/1) in his statement recorded under Section 161 of the Cr.P.C. vide Ex.P/4, has stated that the appellant never used to take the child with her and for the very Page 6 first time child was taken by her and just thereafter froth started coming out from mouth and nose of the child/deceased.