GNANAVEL Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and sentence passed by the lower court against the accused u/s. 302 I.P.C to undergo life imprisonment and also to pay a fine of Rs.1,000/- and in default to undergo rigorous imprisonment for three months.

(2.) THE case of the prosecution in short would be as follows:- THE accused is the father of the deceased child. P.W.1 and the accused were married some nine years back and they got four female children while the fourth child was begotten, the accused was pressurising P.W.1 to abort the foetus of the said child and for which the P.W.1 refused to abort the foetus. After the birth of the fourth child, the accused told her that one day or other he would kill the child by cutting her neck. In order to execute the same on 17.07.2008 at about 08.00 a.m the accused took his 1- year child namely Kaviya and went to petty shop and purchased beedi. THEreafter when he was nearing the N.L.C channel he cut the neck of Kaviya and the tender child died due to the cut on her throat and, the accused had thrown the body of the child Kaviya into the N.L.C channel and thereby committed offence u/s. 302 I.P.C.

(3.) UPON the incriminating evidence if the above mentioned prosecution witnesses, the accused was questioned u/s. 313 Cr.P.C. The accused denied them flatly as false and there was no evidence adduced on his side. The lower court recorded conviction u/s. 302 I.P.C and sentenced as stated above.