- (1.)This appeal is forwarded to this Court by the Jail Authorities. It is directed against the judgment and order dated 8/10/2012, passed by the Division Bench of the Karnataka High Court in Criminal Appeal No.1721 of 2001, whereby the High Court confirmed the judgment of the Sessions Court convicting the appellant for offences punishable under Sections 302, 323, 506, 201 read with Section 34 of the Penal Code and sentencing him, inter alia, to life imprisonment.
(2.)The prosecution story could be shortly stated. Complainant Siddakka was married to the appellant, five years prior to 25/8/2000 i.e. from the date of the incident. After the marriage, the appellant started suspecting Siddakka's fidelity and when she gave birth to a male child, he told her that the child is not of his lineage and is an illegitimate child. Prosecution story further goes on to say that during the relevant time, Siddakka and the appellant were staying in a hut situated in the land belonging to the appellant along with their child. On 25/8/2000, when Siddakka was plucking the green gram fodder along with her son and the appellant was ploughing the other portion of the field, she saw the child going towards the appellant. The appellant stopped ploughing and took the child towards the farmhouse. After sometime, when Siddakka could not find her child, she went near the hut. She overheard the appellant telling his mother that he had thrown the child in the well of Allisab. On hearing this, she ran towards the well of Allisab, picked up the dead child from the well and returned to the hut. The appellant threatened her with dire consequences if she disclosed the incident to anyone. She was forced to tell others that the child died of snake bite. Thereafter the child was buried. Out of fear she did not disclose the incident to anyone. On 27/8/2000, when her close relatives came from Jadarbabaladi to console her, she mustered courage and told them that the appellant had thrown her child in the well which resulted in his death. They immediately took her to the Police Station and lodged a complaint. Offences under Sections 323, 302, 201, 506 read with Section 34 of the IPC were registered. The body of the deceased child was exhumed after getting appropriate permission. The dead body was sent for post-mortem examination. The post-mortem report stated the cause of death as "asphyxia as a result of drowning".
(3.)On completion of investigation, the appellant was charged and tried for offences punishable under Sections 498A, 323, 302, 201, 506 read with Section 34 of the IPC along with his mother Kallawwa who was arraigned as Accused 2. The prosecution examined 19 witnesses. It's most important witness is PW-1 Siddakka, who lost her one-and-half year old son because of the appellant's cruel act. Her evidence is corroborated by her brother PW- 10 Chanabasappa and uncle PW-13 Ishwarappa. The appellant did not adduce any evidence. He denied all allegations. The defence suggested that the child saw a peacock; followed it; went to the field where the well was situated, fell into it and died.