(1.) BOTH the appeals arise out of the same judgment of the Second Additional Sessions Judge, Pondicherry in Sessions Case No.34 of 1986. The first accused has filed Criminal Appeal No.502 of 1988 and the accused had filed Criminal Appeal No.509 of 1988, both having been charged with the offence under Sec.302, I.P.C. read with Sec.34, I.P.C. for causing the death of one Biswajit by administering poison on 16.5.1984 and sentenced with imprisonment for life.
(2.) THIS case arises out of a private compliant by P.W.1, the father of the deceased ("D" in short). On 16.5.1984, the deceased was brought dead to JIPMER Hospital and the Casualty Medical Officer reported the death to the police by FIR, D-47 since it had occurred by swallowing 100 tablets. The final opinion given was that the death may be homicidal on account of other injuries which were definitely not self-inflicted. However, the police investigation concluded that it was a case of suicide. At the instance of P.W.1, the investigation was handedover to an Officer of C.B. C.I.D., C.W.3. He came to the same conclusion. A-1, who was charged with the offence under Sec.324, I.P.C. for causing the injuries on the deceased admitted her guilt and was released under Probation of Offenders Act. The case under Sec.302, I.P.C. came to naught. The grief stricken father filed the private complaint.
(3.) ACCORDING to P.W.5 it was not a case of suicide but the consumption of barbiturate tablet by the deceased was only with the knowledge of A-1 and A-2. He informed P.W.1 that A-1 and A-2 had an illicit relationship and though A-1 objected to this and reproached P.W.1, she ignored it. He reported to "D", but "D" said that since he had married A-1 in spite of family opposition he could not take any action in this regard. P.W.1, was aware of A-1's relationship with A-2, since he had once seen A-2 in the company of A-1, when "D" was not there offering her gifts and presents. This was not approved by P.W.1. ACCORDING to P.W.5, the events that led to the death of the deceased started from the evening of 14.5.1984.