JUDGMENT :

[Sanjay K. Agrawal, J.]

1. Sole appellant/convict herein has preferred this appeal under Section 374(2) of the CrPC, questioning legality, validity and correctness of the impugned judgment dated 14-2-2014, by which he has been convicted under Sections 302, 307 & 309 of the IPC and sentenced to undergo imprisonment for life & pay a fine of Rs. 2,000/-, in default of payment of fine to further undergo rigorous imprisonment for one year; rigorous imprisonment for seven years & fine of Rs. 1,000/-, in default of payment of fine to further undergo rigorous imprisonment for six months; and rigorous imprisonment for six months, respectively.

2. Case of the prosecution, in short, is that on 8-8-2012 at 1:30 p.m. at Amraiyapara, Korba, the appellant administered insecticide to his elder son Nikhil Miri and to his younger son Vinay Miri by which Nikhil Miri died and also attempted to cause the death of younger son Vinay Miri and he himself also took the insecticide – Salphaz and attempted to commit suicide and thereby committed the aforesaid offences. Further case of the prosecution is that the appellant was married to Seema Mahant (PW-2) and out of their wedlock, they have been blessed with two sons Nikhil (now deceased), aged about 7 years (at the time of death), and Vinay, aged about 3 years 6 months, and he was at that time working in Hotel Central Point, Korba and staying in a tenanted accommodation at Amraiyapara, Korba in the house of Sardar Singara Singh. It is also the case of the prosecution that the appellant was suspecting the character of his wife and he used to be unhappy and in order to give quietus to his life, he decided to terminate his life and further considering that after his life, there will be no future of his sons and thus, he also decided to end the life of his two sons and accordingly, he himself took insecticide – Salphaz and also administered the same to his two sons and thereafter, he started omitting, then his wife Smt. Seema Miri (PW-2) called her neighbour Dhanbai (PW-15) who came to the house of the appellant and they have taken the appellant and his both sons to District Hospital, Korba with the help of a three wheeler and during treatment, elder son of the appellant Nikhil Miri died. Though out of fear, the appellant absconded from the hospital, but considering his position, he was brought back to the hospital and he was readmitted. Police Chowki Manikpur registered the offence in zero number and thereafter, it was converted to regular offence under Crime No.824/2012 registered at Police Station City Kotwali, Korba for the offences punishable under Sections 302, 307 & 309 of the IPC against the appellant. Morgue intimation was registered vide Ex.P-16 and FIR was registered vide Ex.P-12. Thereafter, inquest over the dead body of Nikhil was conducted vide Ex.P-9 and dead body was subjected to postmortem vide Ex.P-24 which was conducted by Dr. O.S. Kanwar (PW-14) who opined that cause of death could not be confirmed as it can be ascertainable after the chemical examination, and viscera was preserved for chemical analysis. Thereafter, memorandum statement of the appellant was recorded vide Ex.P-1 and omit of the accused was seized vide Ex.P-2 and insecticide was also seized vide Ex.P-3. All the seized articles were sent for chemical analysis to the Forensic Science Laboratory, Raipur from where report was received vide Ex.P-28 and on chemical analysis, the seized poisonous substance was found to be aluminium phosphide. Statements of the witnesses were recorded under Section 161 of the CrPC and the matter was investigated.

3. After completion of due investigation, charge-sheet was filed against the appellant for offences under Sections 302, 307 & 309 of the IPC before the jurisdictional criminal court which was committed to the Court of Sessions, Korba from where the learned Additional Sessions Judge (FTC), Korba, received the case on transfer for trial and for hearing and disposal in accordance