APPAJI Vs. STATE

JUDGEMENT

(1.) THIS is one of the unusual cases of infanticide alleged to have been committed by none else than the father of twin infant daughters hardly aged 1 year. According to the prosecution, accused and his wife p. w. 1 - jayalakshmamma had four daughters. Out of whom, the two deceased suma and sumalatha aged about one year were twins and the youngest. as per the prosecution case, as the accused had only daughters and no son, he wanted to marry the daughter of p. ws. 8 and 9 and as they alleged to have informed him that if there are so many daughters, they will not give their-daughter in marriage to accused, it is alleged that in the night of 25-1-1995, he killed both the infants while they were sleeping in the cradles by smothering. The investigation started on the first information given by the accused himself as per ex. P. 23 on 26-1-1995 at about 7 a. m. as per ex. P. 23, he has reported to the police that on the night when the accused and P. W. 1 along with the deceased children were sleeping, at about 10. 30 in the night, P. W. 1-wife felt the movement of snake on her legs, got up scared and also woke up the accused. after putting the light, he noticed that both the children were dead and according to him, as he noticed two injuries on the lips of both the deceased, he suspected they have died due to snakebite. On the basis of this information, P. W. 16 - nagesh rao, asi of nuggehalli police station, registered a case in udr No. 1 of 1995 under Section 174 of the cr. P. c. and took up the investigation. During the investigation, inquests as per exs. P. 22 and p. 25 were conducted and the bodies were sent for autopsy. P. w. 4-dr. Ravishankar conducted autopsy on both the dead bodies and noted the following injuries on suma.

(2.) THESE injuries were noted in the post-mortem reports exs. P. 6 and p. 7 respectively. As the investigating officer had referred the case for autopsy on the information regarding the death as due to snakebite, opinion of P. W. 4 was also sought as to the possibility of the deaths of suma and sumalatha by snakebite which he negatived totally. According to the doctor, the cause of death of both the children was due to asphyxia as a result of smothering.

(3.) AS the post-mortem reports indicated death by smothering and as such, homicidal, P. W. 18-the cpi who took further investigation suspected that it was the act of homicide by accused and his wife p. w. 1 - jayalakshmamma. Accordingly he registered a suo motu complaint and a case in crime No. 20 of 1995 for the offence under Section 302 of the IPC against them and further investigation was carried on. During the investigation, the spot mahazar was conducted, the twin cradles, beds, etc. , wherein, the deceased children were sleeping at the time of death, were seized. Statements of witnesses including the relatives of the accused were recorded and investigation was being completed. It is to be noted at this stage that as investigating officer did not find any incriminatory circumstance or evidence so far as P. W. 1 is concerned, he filed the charge-sheet against the appellant-accused alone. On the basis of the material, the accused was charged for the offence under section 302 of the IPC. As the accused denied the charges and claimed to be tried, he was tried in sessions case No. 55 of 1995.