N. MURALIDHARAN NAIR Vs. STATE OF DELHI

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 18.08.2007 and the order on sentence dated 31.8.2007 passed by the learned Additional Sessions Judge (ASJ). The appellant was tried for having committed offence punishable under Sections 302/307 as well as under Section 309 Indian Penal Code (hereinafter referred to as "IPC") for having murdered his child Vishnu, aged about five years and for causing grevious hurt to his younger child Varun aged about three years. He was acquitted of the offence punishable under Section 309 IPC. However, he was convicted for offence punishable under Section 302/307 IPC. He was sentenced to undergo imprisonment for life and pay a fine of Rs. 1,000/-, in default of payment of fine to further undergo rigorous imprisonment (RI) for one month for the offence under Section 302 IPC. He was further sentenced to undergo RI for ten years and pay a fine of Rs. 1,000/- in default of payment of fine to further undergo simple imprisonment (SI) for one month for the offence punishable under Section 307 IPC.

(2.) AN information was received by Head Const. Umed Singh at Police Station Naraina on 21.5.2001 at about 11.18 P.M. that one person had killed his son in House No. 67, Kirbi Place, Double Story, Army Quarters and that the child had been removed to the hospital. Another telephone call was received by HC Umed Singh that a murder had been committed at P-76, Kirbi Place. This information as recorded in DD No. 34-A (Ex. PW-1/B). PW-12 SI Pankaj Yadav along with PW-19 Ram Niwas reached the spot around 11.45 P.M. There he recorded the statement of complainant PW-6 Baby Joseph, he made his endorsement Ex.PW-12/A at 2.15 A.M. on 22.5.2001 i.e. intervening night of 21-22.5.2001 and got the FIR Ex.PW-1/A of this case registered through PW-19 Const. Ram Niwas at 2.45 A.M. Both Vishnu and Varun, the injured had already been removed to Base Hospital, Delhi Cantt. by PW-21 Major Philomina and PW-8 Major Anamma. Vishnu was declared brought dead and Varun was declared unfit for making statement by PW-20 Dr. Jasvinder Kaur. After examination of the victims, she prepared the MLC Ex.PW-20/A of deceased Vishnu and also the MLC of Varun.

(3.) PW -6 Baby Joseph, the complainant in his statement Ex.PW-6/A made to the police disclosed that on the intervening night of 21-22.5.2001 at about 10.40 P.M. when he was present in his own house, he heard a sound of blast from House No.P-76-B which was in front of his house. He immediately came out of the house and saw Varun standing outside smeared with blood and was weeping. He immediately went inside and saw smoke coming out of the bed room of the said house and found the door slightly ajar. He peeped inside the bed room and found the other child, Vishnu lying on the bed smudged with blood and the appellant, Muralidharan was standing near Vishnu. He was saying that he had restrained his wife from going to Bangalore but still she went and therefore he had stabbed both of his children with a knife and had killed them. He (PW-6) also extinguished the fire by throwing out the gas cylinder lying in the room and sent both the children to the hospital in a neighbour's car and informed the police. He handed over appellant to PW-12 SI Pankaj Yadav.