PRATHIBHA Vs. STATE OF KERALA

JUDGEMENT

(1.) The pivotal question that falls for consideration in these appeals is whether an act performed by a person on a body which he/she believed to be lifeless, would attract the offence punishable under Sec. 299 of the Indian Penal Code (IPC).

(2.) Accused 1 and 2 in S.C.No.161 of 2016 on the files of the Additional Sessions Court I, Alappuzha, who stand convicted and sentenced for offences punishable under Ss. 302 and 201 read with Sec. 34 IPC are the appellants in the appeals. They are husband and wife respectively. Among the appeals, Crl.Appeal No.676 of 2019 is preferred by the husband, the first accused and Crl.Appeal No.277 of 2019 is preferred by the wife, the second accused.

(3.) This is an alleged case of infanticide. The accused are natives of Uttar Pradesh. One Subahani found the dead body of the infant daughter of accused 1 and 2, Sivani aged 6 months, floating in the Arabian Sea at Azheekkal, where he was baiting fish on 16/10/2015. On the basis of the information furnished by Subahani, a case was registered by Ochira Police under Sec. 174 of the Code of Criminal Procedure (the Code). Pursuant to the registration of the case, the Sub Inspector of Police, Ochira conducted the inquest and made arrangements for autopsy. Later, having found that it is a suspected case of murder, the Sub Inspector submitted a report to that effect before the Jurisdictional Magistrate. The investigation in the case was thereafter taken over by the Inspector of Police, Karunagappally and after preliminary investigation, having found that the occurrence is one that took place within the limits of Kayamkulam Police, the file was transferred to Kayamkulam Police and the investigation of the case was continued and completed by the Inspector of Police, Kayamkulam. It is alleged in the final report filed in the case that on 21/9/2015, accused 1 and 2, due to the discontent towards their daughter Sivani, in furtherance of their common intention, caused grievous hurt to Sivani, resulting in the fracture of the elbow of her left hand. It is also alleged in the final report that later, on 12/10/2015, accused 1 and 2 caused an injury on the back of her head by hitting the same against the edge of a cot and thereby caused her death. It is further alleged in the final report that later, on 13/10/2015, accused 1 and 2, with the help of the third accused, caused destruction of the evidence of the crime by disposing of the body of the child in the Arabian Sea at Azheekkal.