- (1.) This appeal at the instance of the accused arises out of the following facts: Pallavi, aged two and half years, was the daughter of the appellant Beere Gowda and his first wife Jayanthi Gowda. The marriage between the appellant and Jayanthi had taken place about five or six years earlier. It appears that at the time of the marriage Jayanthi was pregnant but after some time the two fell out and the appellant left her in her parents' home promising to take her back after performing the marriage of his sister. A few days later however he performed a marriage with Indramma co-accused, since acquitted. After the marriage of the appellant and Indramma the relations between the appellant and Jayanthi became unpleasant and Jayanthi was often assaulted and was made to do all the household chores and was also compelled to undergo a Family Planning Operation at Kalsapura P.H.C., as the appellant apparently did not want to have any child from her. It is the case of the prosecution that as Pallavi was an unwanted child, the two accused, thought it fit to get rid of her so that she could not claim any share in her father's property. The appellant accordingly obtained nitric & sulphuric acid from PW.16 Ranganatha-Chari, a goldsmith, and it is further the prosecution case that this was administered to Pallavi on 22nd September 1996 which ultimately led to her death. An FIR was accordingly lodged by Jayanthi PW.1 in which the above facts were given in detail. The appellant who had in the meanwhile, absconded was arrested on 26th September 1996 and on his statement under Section 27 of the Evidence Act a bottle containing a mixture of the two acids was found from the kitchen of his home. On the completion of the investigation the appellant and Indramma were charged for offences punishable under Sections 498A and 302 read with Section 34 of the IPC and as they denied all allegations they were brought to trial.
(2.) The Sessions Judge vide his judgment dated 28th April 1999 held that the greater possibility on the evidence was that Pallavi had taken the acid by accident and that there was no evidence to suggest that it had been administered to her forcibly. The Court further held that there was no evidence to show that the two accused had in any way misbehaved with Jayanthi prior to the murder. The Trial Court also observed that the discrepancies inter se the statements of the witnesses went to the root of the matter and as such there was a doubt as to the truthfulness of the prosecution story.
(3.) An appeal was thereafter taken to the High Court. The High Court has, by the impugned judgment, set aside the acquittal of appellant No. 1 while maintaining that of the second accused and convicted and sentenced him under Section 302 of the IPC, with a sentence of imprisonment for life and fine of Rs. 2000/- and in default six months R.I.;