(1.) Charged with filicide, an unfathomable crime, the appellant was tried by the I Additional Sessions Judge, Kollam, in SC No. 78 of 2009 for an offence u/S.302 of the IPC. Allegation was that he smothered and thereafter forcibly drowned his two sons, Sheffin and Sherrin, aged 1 1/2 and 4 years respectively. As per judgment dated 22/02/2010, the learned Additional Sessions Judge, Kollam, has sentenced the appellant to undergo imprisonment for life and to pay a fine of Rs.10,000/- and in default, to undergo simple imprisonment for six months.
(2.) The prosecution case, unravels in the following manner:
(3.) The learned Magistrate initiated committal proceedings as CP No. 99 of 2006. During the committal proceedings, the appellant absconded and the case had to be transferred to the list of long pending cases. Later, the appellant was arrested and the case was re - filed as CP No. 205 of 2008. After complying with all the formalities, the case was made over to the learned Sessions Judge, Kollam for trial. The learned Sessions Judge made over the case to the First Additional Sessions Judge, Kollam for trial and disposal. The learned Additional Sessions Judge, after hearing the prosecution and the accused, framed charge against the accused for offence u/S.302 IPC. When the charge was read over and explained to the accused, he abjured the guilt.
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