CHANDREGOWDA Vs. STATE

JUDGEMENT

(1.) THE appellant-accused No. 1 has filed this appeal against the judgment dated 29-5-1995 passed by the learned Additional District and Sessions Judge, Bangalore Rural District, Bangalore in S. C. No. 174/1993 convicting the appellant-accused No. 1 for the offence under Section 302, IPC and sentenced to undergo imprisonment for life.

(2.) THIS is a tragic case of a father sacrificing his own son aged about three years under the evil influence of his so-called Guru A-2 (acquitted by the trial Court) to gain tantric skills.

(3.) THE prosecution case, briefly, is on 14-12-1990 at about 8 p. m. P. W. 2 came to the house of P. W. 1 and told him that A-1 has wrongfully confined his child Nagendra in his house and locked him in a room. P. W. 1 came to the house of A-1 and broke open the lock. After breaking open the lock, he saw that the child had been strangled to death. When P. W. 1 questioned A-1 about the death of the child A-1 told P. W. 1 that he was learning tantric skills from A-2 - (not before the Court) and that A-2 had told A-1 that if he were to sacrifice his child he would learn tantric magic fully. On hearing this shocking news from the accused No. 1 P. W. 1 lodged a complaint before the S. H. O. Nandagudi Police Station on 15-12-1990 at 8 a. m. The complaint given by P. W. 1 is the FIR in this case. After completing the investigation, the Circle Inspector of Police, Hoskote filed the charge-sheet against both the accused. A-1 was as stated earlier convicted and sentenced to imprisonment for life. A-2 was acquitted. The State has not preferred any appeal against acquittal of A-2.