JAYASHANKAR Vs. UNION TERRITORY OF PONDICHERRY

JUDGEMENT

(1.) APPELLANT is the Accused in S. C. No. 48 of 2000 on the file of Additional Sessions Judge, Karaikkal. By the Judgment dated 11. 12. 2001, learned Sessions Judge has convicted the Appellant / Accused under Sec. 302 I. P. C and sentenced him to undergo Life Imprisonment and also imposed fine of Rs. 1000/ -. The Appellant was also convicted under Sec. 201 I. P. C and sentenced to undergo Rigorous Imprisonment for three years and also under Sec. 354 I. P. C and sentenced to undergo Rigorous Imprisonment for one year.

(2.) CASE of Prosecution could be stated thus:-Deceased Child-Surya alias Manimekalai (hereinafter referred to as Surya) is the Daughter of P. W. 1-Vaidyanathan. On the afternoon of 08. 12. 1999, Surya was found playing with one small Scooter Tyre and Stick (M. Os. 4 and 5 ). In the afternoon, the Accused approached P. W. 8-Mahalingam and asked for money by pledging the Tiffin Carrier. Later, the Accused gave his Watch (M. O. 1) to P. W. 8-Mahalingam and taken Rs. 50/ -. At the request of the Accused, P. W. 9-Fasil went to the Toddy Shop for purchase of liquor. At that time, the Accused went to his house. After purchasing liquor for Rs. 30/-, P. W. 9 came to the house of P. W. 8. The Accused also came back to the house of P. W. 8. Then the Accused and P. Ws. 8 and 9 had consumed liquor. The Accused asked P. Ws. 8 and 9 to come with him to his house. Since P. W. 8-Mahalingam refused to come with him, the Accused had taken P. W. 9 and one Sankar to his house. In the house, the Accused asked P. W. 9 to find out what is floating in the Water Pond. P. W. 9 and Sankar were reluctant to get inside the Water Pond. Later, the Accused called his Father; the Accused himself got into the Water Pond and had taken the body of the Child Surya. The body of the Child Surya was handed over to P. W. 17-Premanandam, who in turn handed over to P. W. 18-Karthikeyan, Uncle of the Child.

(3.) REGISTRATION of case and Investigation:- On 09. 12. 1999 08. 30 a. m. P. W. 1-Vaidyanathan lodged Ex. P. 1-Complaint in Karaikkal Town Police Station to the effect that his Daughter Surya alias Manimekalai, eight years old was found floating in the Water Pond at Thalatherupet on the backside of the house of the Accused and the cause of the death is not known. On the basis of Ex. P. 1-Complaint, P. W. 25-Sub-Inspector of Police registered the case in Crime No. 494 of 1999 under Sec. 174 Crl. P. C.