SHANMUGAM Vs. STATE

JUDGEMENT

(1.) THE appellant, father of the two children, namely, Ilaiyaraja, aged about 7 years and Venkatesh, aged about 3 years, took both of them on 17.5.1997 at about 8.20 a.m. and threw one of the children by name Venkatesh on the road when the bus bound for Villupuram to Kalpattu was passing through, as a result of which, the rear tyre of the bus crushed the child causing injury and resulting in his death. This is the subject matter of the prosecution. On these allegations, the appellant was tried and convicted for the offence under Sec. 302, I.P.C. Hence, this appeal.

(2.) THE facts, leading to the conviction, in short are as follows:

(3.) IN reply to the above submissions, the learned Additional Public Prosecutor, in justification of the finding rendered by the trial Court, would point out the materials and contend that the conviction is legal.