(1.) The accused in SC No.473/2015 (Crime No.314/2015 of Rajapuram Police Station) on the file of Additional Sessions Court-I, Kasaragod has preferred this appeal assailing the finding of guilt, conviction and sentence passed against him for offence punishable under Sec. 302 of the IPC.
(2.) The facts of the case in brief are as follows: The accused driven by hostility towards his wife and following a quarrel, took his children to the neighbouring house bearing No.IX-511 of Panathadi Grama Panchayat and committed murder of his son, Rahul, aged 3 years, by strangulation and also by assaulting him with a coconut scraper on 21/7/2015 at about 9.30 p.m.
(3.) On completion of the investigation, the final report was submitted before the Judicial First Class Magistrate Court-I, Hosdurg. Being satisfied that the case is one triable exclusively by a Court of Session, the learned Magistrate after complying with all the necessary formalities committed the case to the Court of Session, Kasaragod. After taking cognizance, the learned Sessions Judge made over the case for trial to Additional Sessions Court-I, Kasaragod. After trial, the accused was found guilty for offence punishable under Sec. 302 of the IPC and he was sentenced to undergo imprisonment for life and to pay a fine of Rs.50,000.00 (Rupees fifty thousand only) with a default clause to undergo rigorous imprisonment for three more years. The said judgment of conviction and order of sentence is assailed by way of this appeal.