STATE Vs. ANTHONY NIKOLAS

JUDGEMENT

(1.) THIS is a pathetic and bizarre case v/here the accused-father of the deceased Sunitha is held guilty of the offence under Sec. 306 and 354 Indian Penal code and sentenced to undergo RI for 5 years and to pay a fine of Rs. 1000/- for offence u/s. 306, in default of payment of fine to undergo SI for 3 months and also to undergo SI for three months for the offence punishable under Section 354 of Indian Penal Code and to pay a fine of Rs. 500/- in default of payment of fine to undergo SI for one month by the learned Addl. Sessions judge, Shimoga by the judgment of conviction and sentence dated 4-11-2000.

(2.) THE brief facts of the case giving rise to the present appeal are as follows : the deceased Sunitha, daughter of the accused Antony and PW-4 Neelamma was aged around 15 years at the time of incident i. e. , on 21-2-1997. According to the prosecution, because of poverty and necessity, both accused and his wife used to go for work and whenever the wife PW-4 was absent from the house, the accused was enticing his daughter to have sexual intercourse with him and whenever she refused, he used to abuse and treat her cruelly. Unable to withstand the mental and physical torture, it is the case of the prosecution that on 21-2-1997 at about 4. 00 p. m. , the deceased decided to end her life and doused herself with kerosene and set herself on fire. Thereafter when her cries were heard, the neighbours rushed in, took her to the hospital and ultimately in spite of medical treatment, she breathed her last on 22-2-1997 at 11. 30 p. m. in the Shimoga Hospital.

(3.) IMMEDIATELY after her admission to the hospital, as this was a medico-legal case, the doctor sent intimation to the police. P. W. 10 bhagwantappa, Head Constable who was on duty, on receipt of the information, immediately rushed to the hospital and after asserting as to mental and physical fitness of the then injured Sunitha, recorded her statement as per Ex. P. 10 and treating the same as first information, registered as case in Crime No. 25/97 initially for the offence under S. 354, Indian Penal Code against the accused and investigation was taken up. It is needless to mention that after the death of Sunitha in the hospital due to burn injuries, offence under S. 306, Indian Penal Code also came to be added. The next part of the investigation was taken by the PSI, P. W. 11 shivakumar who on the same day records further statement of the then injured victim as per Ex. P. 11, the statements of the neighbours, and also recorded necessary mahazars like spot mahazar, prepared sketch and after receipt of all the reports including autopsy, the accused was charge-sheeted for the offences under Ss. 354 and 306, Indian Penal Code.