JUDGMENT :

Satish Chandra Sharma, J.

1. Master Hrithik, aged 2.5 years, lost his life on the fateful day of 03.11.2002 in Hubli, Karnataka. PW-1, his father and complainant in this case, filed a complaint and the allegation was levelled against the appellant/accused, who is the younger brother of PW-1. After a full-fledged trial, Trial Court acquitted the appellant from the charges levelled upon him. The High Court reversed the order of acquittal and convicted the appellant. The mystery of Hrithik’s death continues as the matter has landed before this Court in the form of the present appeal, which assails the order dated 28.03.2011 passed by the High Court of Karnataka (Circuit Bench at Dharwad) in Criminal Appeal No. 130/2005.

FACTUAL MATRIX

2. At the outset, we consider it apposite to note that there is considerable divergence between the parties (as well as between the decisions rendered by the Trial Court and the High Court) as regards the sequence of events and timelines involved in this case. To avoid any confusion or presumption, the facts delineated herein represent the version of the prosecution for the purpose of understanding the story. On 03.11.2002, at around 11 A.M., the