POOJA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned HCGP for the respondent-State.

(2.) The petitioner is arraigned as accused No.1 in Crime No.54/2019 of Gokul Road Police Station, registered for the offence punishable under Section 302 read with Section 34 of IPC.

(3.) Brief facts of the prosecution case are that, accused No.1 is the wife of complainant. Their marriage took place on 2.4.2010. In their wedlock, two daughters were born to them by name Khushi and Sanvi. Accused No.1 developed illicit relationship with accused No.2. On 20.07.2019, when her husband had been to work, accused No.1 eloped with accused No.2 along with her two daughters. For some time, they stayed in villages nearby Hubballi. On 13.08.2019, they took a rented house belonging to CW18, at Gokul Road, Hubballi and started residing there, informing the owner of the house that they are husband and wife. It is the further case of prosecution that the accused were of the firm belief that 2 n d child Sanvi was born to them. They were not providing proper food to the first child Khushi and they used to assault her, since she was born to accused No.1 through her husband. On 20.08.2019 at about 2.30 p.m., when Khushi was crying to provide food, the accused got furious. At the instigation of accused No.1, accused No.2 slapped her and when she started screaming, he assaulted her with a wooden stick on her head. The said child became unconscious and she was taken to the hospital. The accused gave false information that she sustained injuries by falling down. At about 4 p.m., Khushi died on account of the injuries sustained by her. The accused thereafter, left the child in the hospital and sped away.