P. Somarajan, J.

Against the judgment of conviction and order of sentence under Section 302 IPC in Sessions Case No.280/2009 of the Additional Sessions Judge (Adhoc-II), Kasaragode, dated 07.03.2012, the accused came up with this appeal.

2. The accused was charge sheeted for the offence punishable under Section 302 IPC for the infanticide of Shouvana aged 6 months and also for the commission of offence under Section 306 IPC for abetting suicide of her mother Saramma aged 32 years. The accused was found guilty for the offence punishable under Section 302 IPC for the murder of minor child Shouvana and sentenced to undergo rigorous imprisonment for life and a fine of Rs.10,000/-, in default to undergo imprisonment for two years. He was acquitted for the charge under Section 306 IPC, for abetting the commission of suicide of the mother of the minor child, Saramma. No appeal was preferred by the State Government or the near relatives of the victim Saramma as against the order of acquittal of accused for the charge under Section 306 IPC. In short, we are only concerned with the judgment of conviction under Section 302 IPC and the sentence awarded thereunder for the murder of Shouvana, aged six months.

3. There is no eye witness to the alleged incident. The witnesses who were examined by the prosecution includes PW1 and PW6, two brothers of deceased Saramma, PW4 and PW5, two of her neighbours, PW2 - her daughter, PW3 - a nearby shop owner, PW12 - the witness to Exhibit P7 seizure mahazar and PW11 - the Police Surgeon who conducted autopsy on both the victims/deceased.

4. PW1 is the brother of Saramma. He was examined to show the first marriage of Saramma with one Abdul Razak, who died after the birth of three daughters, the second marriage with the accused and the birth of Shouvana in her second wedlock, her strained relationship with her second husband, the accused, after the birth of Shouvana and the harassment meted out on her, on several occasions, by her second husband doubting the paternity of Shouvana. On the alleged day, he went to the house of his sister Saramma, by 4.15-4.30 p.m. on getting information from Nabeesa that on her arrival, the house of victim was found lying locked. The front door of the house was found locked from outside and the back door from inside. He along with his elder brother Hameed and Mathew, a neighbour, broke open the back door and entered into the house and had seen the dead body of Saramma lying on the floor covered with a sheet. The child was also found lying dead between the pillows covered by another sheet. By that time Nabeesa along with CW2 and Sayisa came there. Thereon he went to the police station and gave Exhibit P1 FIS.

5. PW2 is the minor daughter of deceased Saramma. She was examined by the prosecution to show her relationship with the accused and the previous and subsequent conduct of the accused. She used to call the accused as “elappa” (step-father). The strained relationship between her mother and the accused and their frequent quarrel were also spoken by her. On the date of incident she was taken from her house to a bus stand along with her younger sister under the guise of purchasing some sandals by their step-father, the accused. Then he left them in the bus stand and came back only after some time. Then he asked them to go to the house of their aunt Nabeesa under the pretext that her mother had gone to Hosangadi for purchasing medicine. But, when the minor children went to their house along with Nabeesa, the house was found locked.

6. PW6 is the another brother of the victim Saramma. He was also examined to show the relationship between Saramma and her second husband, the accused, and the birth of Shouvana in her second wedlock. Three daughters were born in her first wedlock with Abdul Razak. He had also deposed about the strained relationship between the accused and Saramma after the birth of minor girl Shouvana, and gave evidence in tune with PW1 that they went to the ho