Criminal Appeal No.100059/2020 is filed by the accused

aggrieved by the judgment and order dated 29.11.2019 passed

in S.C. No.68/2016 on the file of the Principal District and

Sessions Judge, Gadag (hereinafter referred to as ‘trial Court’)

by which the accused-appellant has been convicted and

sentenced to death penalty under Section 354(5) of Cr.P.C. for

the offence punishable under Section 302 of IPC subject to

confirmation by this Court under Section 366 of Cr.P.C.

2.

Criminal R.C. No.100001/2020 has been referred

seeking confirmation of the aforesaid judgment and order of

conviction and sentence of death penalty.

3.

Brief facts of the case of the prosecution is that

accused Kumar @ Arun Kumar was married to one Manjula from

Shivapura Thanda about three years prior to the incident and

both of them were working in a Coffee Estate near Banakal. At

that time, complainant-Sri.Hanamant Naik-PW4, his wife and

their daughter Devi were also working in the said coffee estate.

Accused became close to Devi-the daughter of the complainant

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and married her even while his first wife Manjula was alive. Out

of the said marriage, Devi gave birth to two daughters. The

accused thereafter with an intention of marrying for the third

time, decided to kill his second wife Devi and the her two

daughters. In pursuant thereof on 28.03.2016 he purchased

pesticides from the shop of PW12 and PW13. He took Devi and

two daughters to the land bearing Sy. No.389 of Hammigi

Village belonging to aforesaid PW10 where the parents of the

accused were working. On 29.03.2016 between 02:00 a.m. and

03:00 a.m. he administered poisonous pesticides to his wife

Devi and the two daughters and murdered them and he also

pretended to have consumed the poison himself.

4.

Based on the complaint of PW4, FIR was registered,

investigation was conducted, charge sheet was filed against the

accused for the offence punishable under Sections 302 of IPC.

The prosecution in support of its case examined 27 witnesses as

PW1 to PW27 and exhibited 41 documents marked as Exs.P1 to

P41 and 11 material objects marked as MO1 to MO11 and closed

its side. On recording of the statement of the accused under

Section 313 of Cr.P.C., the accused denied the incriminating

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evidence against him but did not lead any evidence in his

defence. The trial Court by the impugned judgment and order

convicted the accused and sentenced him with death penalty for

the offence under Section 302 of IPC.

Submission of the counsel for the appellant:

5.

Sri.S.S.Koliwad, learned counsel appearing for the

appellant-accused

reiterating

the

grounds

urged

in

the

memorandum of appeal submitted that there is no direct

evidence and the entire case of the prosecution is based on

circumstantial evidence. That the prosecution has failed to prove

beyond

reasonable

doubt,

the

allegation

of

forcible

administration of poisonous material by the accused to deceased

Devi and two children. There is also no material evidence to

establish the manner of administration of the said poisonous

pesticide. That the postmortem report does not show any sign

or symptoms of forcible administration of the poisonous

pesticide to the victims. That the Investigation Officer-PW24 has

admitted regarding he not obtaining any opinion in respect of

material objects MO2 to MO4 namely a bottle, plastic measuring

scale, a steel mug purportedly used to commit the crime. The

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evidence of PW2-Heera Naik and PW3-Mallesh, PW4-Hanumant

with regard to the spot mahazar is not clear satisfying the

standard of proof required for the offence punishable under

Section 302 of IPC. The allegation of accused administering the

poison to the children cannot be accepted as deceased Devi @

Devakka would have protested while administering the poison to

the children. Similarly there is no evidence on record to rule out

the possibility of said deceased Devi herself administering the

poison to the children. In the absence of clarity, on this aspect

of the matter, no