VENKATAPPA Vs. STATE

JUDGEMENT

(1.) The appellant is the sole accused in S.C. No. 58 of 2011 on the file of the learned Additional Sessions Judge, Krishnagiri, Krishnagiri District. He stood charged for offences under Ss. 302 of IPC [Two counts] and 309 of IPC. The trial court, by judgement dated 19.12.2012, convicted the appellant under both the charges and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 250/ - for each count in default to undergo simple imprisonment for one month for offence under Sec. 302 of IPC [Two counts] and to undergo simple imprisonment for one year for offence under Sec. 309 of IPC. Challenging the above said conviction and sentence, the sole accused has come up with this criminal appeal.

(2.) The case of the prosecution in brief is as follows: - -The appellant/accused was residing at No. 3/302, Govinda Agraharam, Krishnagiri, Krishnagiri District. He had a wife by name Mrs. Muniamma and two children by name (1) Umesh, aged 6 years and (2) Uma aged 4 years respectively. On 02.02.2011, there was a domestic quarrel between the accused and his wife. His wife Mrs. Muniamma depressed over the said quarrel, consumed poison on 31.01.2011. In a serious condition, she was taken to Jegadeva Hospital at Bangalore and admitted as inpatient. The appellant only took her and admitted her in the hospital in an attempt to save her life. When Mrs. Muniamma was undergoing treatment in the hospital for having consumed poison, the accused returned home. It is alleged that he told the neighbours that in the event his wife dying in the hospital, he would also commit suicide. Mrs. Muniamma died in the hospital at 06.30 p.m. on 02.02.2011. On hearing the same, it is alleged that around 07.00 p.m. on 02.02.2011, the accused administered poison to both of his children at the house of his brother at No. 3/486, Govinda Agraharam, Krishnagiri and killed them. It is further alleged that he consumed poison in an attempt to commit suicide. He was taken to the Government Hospital at Denkanikottai at 07.20 p.m. on 02.02.2011 by his brother Mr. Ramesh. At that time, the accused was conscious. He told the Doctor that he had consumed rhodenticide [a rat poison] at 04.00 p.m. on 02.02.2011 at his house and also caused injury on his throat to himself with a sharp edged weapon. P.W.6 Dr. Bhoopathy examined him and found an incised wound on the neck measuring 3 cm in length. Ex. P.6 is the accident register.

(3.) In the mean while, P.W.1, the Village Administrative Officer of Begeppalli, Hosur Taluk, was informed by someone about the occurrence. He immediately rushed to the house of the brother of the accused where the dead bodies of the children of the accused were found. At 09.30 p.m., he found the dead bodies of the children. He also came to know that the accused has been taken to the hospital by his brother for treatment for having consumed poison. Immediately, P.W.1 went to the SIPCOT Police Station and made a complaint at 11.00 p.m. on 02.02.2011. On receipt of the complaint under Ex. P.1, P.W.7, the then Sub Inspector of Police, registered a case in Crime No. 30 of 2011 under Ss. 302 and 309 of IPC. Ex. P.7 is the FIR. Then, he forwarded both the complaint and the FIR to the court which were received by the learned Jurisdictional Magistrate at 05.30 a.m. on 03.02.2011. Thereafter, he handed over the case diary to the Inspector of Police for investigation.