Penal Code, 1860–Sec. 302–Code of Criminal Procedure, 1973–Sec. 313–Allegation of the murder of own child–Conviction–Sustainability–Circumstantial evidence–Prosecution failed to establish the relationship between the appellant and the deceased-child, discovered from debri–Conclusion drawn is simply on the basis that the convict-appellant was a woman, living alone and she had been pregnant as admitted in the statement u/s. 313–None of the witnesses had seen the appellant throwing the deceased child into the debari–The statement of doctor is silent on the death of deceased having occurred prior to or after birth–Findings of conviction are based on presumption–Set aside.
