STATE OF KERALA Vs. KUTTAPPAN

JUDGEMENT

(1.) KUTTAPPAN , a carpenter, aged 30, was tried by the Court of Session, Ernakulam, for offences punishable under sections "302, 324 and 323 I.P.C." on a charge that he intentionally caused the death of Asha, his two -year -old female child, by holding it by its legs and violently striking its head against the floor and voluntarily caused hurt to Karthiyani, his wife (Pw -1), by beating her with hand and with a wooden plank (M.O. 1). The incident happened inside the western room of the house where Kuttappan was residing with his wife Karthiayani, son Aji aged 7 and Asha aged 2 and was at about 2 a.m. on the night between April 7 and 8, 1979. On the conclusion of the trial, the First Addl. Sessions Judge accepted the prosecution evidence as reliable and found that "the prosecution has proved the case that the accused caught hold of the legs of the sleeping child Asha and struck her violently against the floor and that as a result of the injuries sustained the child died the next day at the hospital." It was also found that the accused voluntarily caused hurt to PW. 1 by hitting her on her left eye brow with M.O. 1 wooden plank. But strangely on the basis of these findings, the trial court convicted the accused only under section 304A I.P.C. for having caused the death of Asha acquitting him of the charge under section 302 I.P.C. and for having voluntarily caused hurt to PW. 1 he was convicted only under section 323 I.P.C. and sentenced to suffer simple imprisonment for 3 months on each count, with the direction that the sentences shall run concurrently.

(2.) THE State has now come up in appeal challenging the order of acquittal of the charge under sections 302 and 324 I.P.C. The accused has not filed any appeal against the convictions and sentences passed against him.

(3.) AS advised by Pw. 3 doctor who examined them at the hospital at Muvattupuzha, Pw. 1 and Asha were taken to the Medical College Hospital, Kottayam. Pw. 4, Tutor in Surgery, examined them at about 6.20 a.m. on 8 -4 -1979. While under treatment Asha died at 11.25 a.m. on 8 -4 -1979. In pursuance of intimation Ext. P3 sent by Pw. 2 from the Kothamangalam Hospital, a case was registered by Pw. 13, Sub Inspector of Police, Kothamangalam Police Station under section 324 I.P.C., Ext. P8 being the F.I.R. After registering the, case, Pw. 12, Assistant Sub Inspector, went to the Medical College Hospital, Kottayam and recorded the statement of Pw. 1 on the evening of 8 -4 -1979. Pw. 13, Sub Inspector of Police prepared Ext. P6 scene mahazar and recovered M.O. 1 sitting plank and M.O. 2, bloodstained mat, under Ext. P6, attested by Pw. 9. Taking up investigation in the case Pw. 15, Circle Inspector of Police, held inquest over the dead body of Asha under Ext. P10 inquest report. Pw. 14, Professor of Forensic Medicine, held autopsy over the dead body and issued Ext. P9 post -mortem certificate. The accused was arrested at 7 p.m. on 11 -4 -1979.