Case Note & Summary
The criminal appeal arose from the conviction of the appellant, the husband, under Sections 302 and 498-A of the Indian Penal Code (IPC) by the Trial Court at Haveri. The prosecution case was that the appellant tortured his wife suspecting her fidelity and on 16.03.2012, he forcibly administered poison to his two minor daughters, Chandrika (3 years) and Akshata (1.5 years), resulting in their deaths. The wife, PW1, who lodged the complaint, later turned partly hostile, stating that her husband was good and someone else poisoned the children. Several other witnesses, including the mother (PW5), the brother (PW11), and panch witnesses, also turned hostile. Despite this, the Trial Court convicted the appellant based on the available evidence, including the post-mortem and FSL reports that confirmed organophosphorus poisoning. The appellant challenged the conviction on the grounds that the prosecution case rested on hearsay and hostile witnesses and that there was a 20-hour delay in lodging the FIR. The High Court, while hearing the appeal, first examined whether the death of the two children was homicidal. The Court noted the post-mortem reports (Ex.P12 and P13) which stated that death was due to cardiorespiratory failure from organophosphorus insecticide poisoning. This was corroborated by the FSL report (Ex.P28). The appellant’s counsel, during arguments, did not dispute that the deaths were homicidal. Hence, the Court held that it was proved that the two children died a homicidal death by poisoning. The judgment then alluded to the appellant’s contentions regarding hostile witnesses and hearsay evidence, but the available text ends without recording the final order. Therefore, while the homicidal nature of death was established, the ultimate outcome of the appeal could not be determined from the provided excerpt.
Headnote
A) Criminal Law - Proof of Homicidal Death - Homicide Established by Uncontroverted Medical and Forensic Evidence - Indian Evidence Act, 1872, Sections 45, 46 - The post mortem reports (Ex.P12 and P13) and FSL report (Ex.P28) showed death due to organophosphorus insecticide poisoning, and this fact was admitted by the appellant’s counsel, leaving no doubt that the deaths were homicidal. The court therefore held that the deceased died a homicidal death. (Paras 26-27)
Issue of Consideration
Whether the conviction of the appellant under Sections 302 and 498-A IPC is sustainable when the complainant and most witnesses turned hostile, and the case primarily relies on hearsay and circumstantial evidence?
Law Points
- Homicidal death of the two children conclusively proved by post mortem and FSL reports and not disputed by the accused
- Hostile witnesses may weaken but do not nullify prosecution case if scientific or other evidence is available
- Hearsay evidence such as that of PW5 must be carefully scrutinized
- but admissions in cross-examination can be used
