JUDGMENT :

P.B. SURESH KUMAR, J.

1. The pivotal question that falls for consideration in these appeals is whether an act performed by a person on a body which he/she believed to be lifeless, would attract the offence punishable under Section 299 of the Indian Penal Code (IPC).

2. Accused 1 and 2 in S.C. No. 161 of 2016 on the files of the Additional Sessions Court I, Alappuzha, who stand convicted and sentenced for offences punishable under Sections 302 and 201 read with Section 34 IPC are the appellants in the appeals. They are husband and wife respectively. Among the appeals, Crl. Appeal No. 676 of 2019 is preferred by the husband, the first accused and Crl. Appeal No. 277 of 2019 is preferred by the wife, the second accused.

3. This is an alleged case of infanticide. The accused are natives of Uttar Pradesh. One Subahani found the dead body of the infant daughter of accused 1 and 2, Sivani aged 6 months, floating in the Arabian Sea at Azheekkal, where he was baiting fish on 16.10.2015. On the basis of the information furnished by Subahani, a case was registered by Ochira Police under Section 174 of the Code of Criminal Procedure (the Code). Pursuant to the registration of the case, the Sub Inspector of Police, Ochira conducted the inquest and made arrangements for autopsy. Later, having found that it is a suspected case of murder, the Sub Inspector submitted a report to that effect before the Jurisdictional Magistrate. The investigation in the case was thereafter taken over by the Inspector of Police, Karunagappally and after preliminary investigation, having found that the occurrence is one that took place within the limits of Kayamkulam Police, the file was transferred to Kayamkulam Police and the investigation of the case was continued and completed by the Inspector of Police, Kayamkulam. It is alleged in the final report filed in the case that on 21.09.2015, accused 1 and 2, due to the discontent towards their daughter Sivani, in furtherance of their common intention, caused grievous hurt to Sivani, resulting in the fracture of the elbow of her left hand. It is also alleged in the final report that later, on 12.10.2015, accused 1 and 2 caused an injury on the back of her head by hitting the same against the edge of a cot and thereby caused her death. It is further alleged in the final report that later, on 13.10.2015, accused 1 and 2, with the help of the third accused, caused destruction of the evidence of the crime by disposing of the body of the child in the Arabian Sea at Azheekkal.

4. On the case being committed for trial to the Court of Session, after hearing the prosecution and the accused, the Court of Session framed charges against the accused. The charges framed by the Court of Session against the accused are the following:

“Firstly, that you, the above said accused Nos. 1 and 2, due to your discontent towards your daughter Sivani, aged 6 months, in furtherance of your common intention, had voluntarily caused grievous hurt to her by brutally attacking her, resulting fracture on her left 4th, 5th and 7th ribs and fracture on her left elbow on 21/9/2015 at about 8 a.m. in your house bearing No. IX/980, Kayamkulam Municipality, and thereby committed an offence punishable u/s. 325 r/w.34 IPC, within the cognizance of this court.

Secondly, that you, the above said accused Nos. 1 to 3, in furtherance of your common intention, had committed murder of the said Sivani on 12/10/2015 at about 2 pm by disposing of her in the Arabian Sea near the sea-wall at a place called Azheekkal, Alappadu Village and thereby committed an offence punishable u/s 302 r/w. 34 IPC, within the cognizance of this court.

Lastly, that you, the above said accused Nos. 1 to 3, in furtherance of your common intention, had caused disappearance of evidence of the aforesaid brutal crimes committed by you by disposing of the dead body of the said victim child at the Azheekkal Beach, Alappadu Village during the course of the same transaction and thereby commit