P. Bhavadasan, J.

1. Appellant was prosecuted for the offences of uxoricide, Infanticide and also for causing disappearance of evidence. He was found guilty on all counts. Therefore he was convicted for those offences and sentenced to undergo life imprisonment for the offence punishable under S.302 Indian Penal Code and rigorous imprisonment for one year for the offence punishable under S.201 Indian Penal Code. Sentences were directed to run concurrently.

2. The accused, his deceased wife and the child were staying together. The accused married deceased Latha about four years ago. At the time of the incident deceased Latha was carrying. Accused suspected that his wife was infidel to him. Prosecution case is that the accused due to his suspicious nature and inferiority complex and since his wife could not satisfy his sexual urge, decided to do away with her. The accused runs business in jewellery. According to the prosecution, the accused had schemed to kill his wife. As part of the scheme he was in search of a house situate in a place far away from the main stream. He located the house, in which the couple along with the child were staying at the time of the incident. That is a short distance away from the main road. The allegation is that on 17/05/1997 the accused came to his house in the noon, stabbed his wife Latha to death and smothered his child also to death. The further allegation is that the accused caused disappearance of the evidence by throwing away the jewellery of Latha into a river.

3. CW 1 laid Ext. P11 first information report before Thrikkakara Police Station. PW 35, the then Sub Inspector of Thrikkakara Police Station reduced Ext. P11 into writing and thereafter registered Crime No. 96 of 1997 as per Ext. P11(a) FIR. He informed the matter to his superior officers. PW 36 took over investigation. As the case was one of unnatural death, the RDO conducted the inquest. The RDO concerned conducted inquest over the body of Latha and the child Radhul Krishnan and drew up Exts. P1 and P2 inquest reports respectively. Thereafter the body was sent for autopsy. PW 19 the Forensic Surgeon conducted autopsy over the body of the lady and the child. He issued Ext. P9 autopsy report relating to Latha and Ext. P10 autopsy report relating to Radhul Krishnan. Ext. P9 indicated that Latha died due to the injuries sustained on the neck and as per Ext. P10 it is seen that the child had been smothered to death. PW 36 recorded statements of witnesses and he produced the articles seized during inquest before Court. He seized MO 16 as per Ext. P15 mahazar. As per Ext. P16 mahazar he seized the treatment records relating to the accused from Susrusha Nursing Home, Cochin showing the treatment undergone by the accused and marked as Ext. P4. He also seized the case sheet of Central Hospital, Cochin as per Ext. P6 mahazar. On search of premises, where Diana Jewellery was run by the accused, he was able to seize MO 17 as per Ext. P17 search list. According to prosecution, MO 1 knife was recovered as per Ext. P18 mahazar. He filed Ext. P19 report seeking to have S.302 IPC and S.201 IPC incorporated in the charge. He had got the plan prepared and obtained other documents and completed the investigation. He laid charge before Court.

4. Judicial First Class Magistrate-I, Aluva took cognizance of the offences. On appearance of the accused before the said Court all formalities were completed. The learned Magistrate found that the case is one exclusively triable by a Sessions Court and therefore committed the case to Sessions Court, Ernakulam under S.209 of the Code of Criminal Procedure, 1973. The Sessions Court on getting records, made over the case to Sessions Court North Parur for trial and disposal.

5. On receipt of the records, the Sessions Court, North Parur issued summons to the accused. In the meanwhile, it is worthwhile to mention that as per directions given by the Court, reinvestigation was conducted by PW 37. The Sessions Court th