The court affirmed that the accused's failure to explain the circumstances of his children's deaths, coupled with strong evidence of motive and eyewitness accounts, justified the conviction for murder under Section 302 IPC.

JUDGMENT :

K.Suresh Reddy, J.

Sole accused in Sessions Case No.367 of 2010 on the file of the Court of IX Additional Sessions Judge, (FTC), Krishna District at Machilipatnam is the appellant herein. He was tried by the learned Additional Sessions Judge under two charges :-

1^st charge was under Section 302 IPC and the 2^nd charge was under Section 498-A IPC.

2. Substance of the charge as against the accused is that the accused harassed his wife-P.W.5 both physically and mentally demanding additional dowry and also by suspecting her fidelity and on 15.01.2010 at about 11.00 a.m., he caused the death of his son and daughter by name Keshav aged 7 years and Swathi aged 4 years (herein after referred to as 'D.1 and D.2'), in his house, bearing door No.25-2/450 situated at Daaravari Veedhi, Kojjillipet, Machilipatnam, thereby, committed offences punishable under Sections. 498-A and 302 IPC.

3. After completion of trial, the learned Additional Sessions Judge while acquitting the accused under Section 498-A IPC, convicted him under Section 302 IPC and sentenced him to suffer imprisonment for 'LIFE' and also to pay a fine of Rs.5000/-, in default to suffer simple imprisonment for a period of five months.

4. Case of prosecution, as emanated from the evidence of the prosecution witnesses, is briefly as follows:-

(i) The accused is none other than the father of D.1 and D.2. P.W.5 is the wife of the accused and the mother of D.1 and D.2. P.W.6 is the mother of P.W.5. P.W.7 is the relative of the accused and P.W.5. The marriage between the accused and P.W.5 was performed in the year 2001 and they were blessed with son and daughter (D.1 and D.2). After marriage, for about one year, the accused and P.W.5 led happy marital life and after the birth of D.1, the accused started harassing P.W.5 demanding her additional dowry. The couple used to stay at Circlepet, Machilipatnam. Unable to bear the harassment, P.W.5 left to her parents' house situated at Garaladibba village. She also gave a report to the police and a case in Crime No.187 of 2003 of Inaguduru Police Station was registered against the accused under Sections. 498-A and 324 IPC. Subsequently, at the intervention of the elders, P.W.5 compromised the case and the said case ended in acquittal. Thereafter, the accused and P.W.5 started living together. Even thereafter, there was no change in the attitude of the accused and he continued his harassment towards P.W.5 suspecting that the children were not born to him. About one month prior to the incident, the accused beat his wife-P.W.5 indiscriminately and necked out her. Then, P.W.5 went to her parents' house and started living there along with D.1 and D.2. About three weeks prior to the date of incident, the accused took a house for rent from P.W.1. Thereafter, the accused approached P.W.5 and requested her to join him as he has taken a house for rent. Inspite of persuasion made by the accused, P.W.5 refused to join him. It is alleged that the accused decided to do away the lives of D.1 and D.2 suspecting that they were not born to him. On 13.1.2010, the accused went to Garaladibba village and met his wife (P.W.5), made her belief that he will take his daughter and return back in the evening. Accordingly, on 14.01.2010 the accused took her daughter along with him and went to his house and returned in the evening. Again on 15.01.2010 morning, he requested P.W.5 to send D.1 and D2 on the pretext of taking them to a temple. Believing the words of accused, P.W.5 sent both D.1 and D.2 along with the accused. The accused came back along with D.1 and D.2 to Machilipatnam, purchased Endosulfan pesticide tin and went to the room along with D.1 and D.2. The accused poured Endosulfan pesticide in two disposal tumblers by mixing in water and induced D.1 and D.2 to consume the same. After consuming some portion of it, both D.1 and D.2 refused to consume as it was emanating strong smell. Then, the accused took up a long knife and cut the neck of D.1. When D.2 ra