The deceased had attended the school on 16.9.2003.
The petitioner was arrested on 5.11.2003 after investigation.
As per the report of the hand writing expert, hand writing in the hotel register and that in the numbere book are of the same person which clearly companynects it to the petitioner.
The charge against the petitioner was of murdering a boy named Madhusudhan hereinafter referred to as deceased aged about 12 years who was studying in a Boarding School at Bellur, Karnataka.
It appears that because of strained relations developed between Sujatha and her husband, her husband had deserted her about 7 years prior to the incident.
The death was described as homicidal.
He also signed the hotel register stating his name to be K.Raju.
The deceased and accused stayed in room No.12 in that lodge.
However, the High Court has dismissed said appeal maintaining the companyviction and sentence of the petitioner vide impugned judgment dated 12th January 2010.
As per the prosecution story, the accused found the deceased to be an impediment in his relationship with Sujatha.
This has been upheld by the High Court.
The deceased was, thus, last seen in the companypany of the petitioner.
After the door of the room was broken open, it was found that child was lying dead.
Therefrom, he was taken away by the petitioner, as per the unshaken testimony of two school children viz.
Not satisfied and undeterred, present Special Leave Petition is filed questioning the validity of the companyviction, as indicted above.
Further, mother of the deceased PW6 admitted her relationship with the petitioner.
On next day at 7.30 a.m. in the morning, the boy was found dead in the room.
PW1, who had identified the petitioner, stated in his deposition, that the petitioner had companye to the hotel on 16.9.2003 around at 5.30 p.m. along with the deceased and took room No.12.
PW3 and PW4.
As mentioned above, as per the post mortem report child has died of poison and the death is homicidal.
The allegation of the prosecution is that the petitioner administered poisonous food to the child, who after companysuming the said food, died.
The cause of death, as per the post mortem report, was respiratory failure on account of companysumption of zinc phosphate poison.
P.C. recorded the petitioner did number produce any defence witness and after hearing the matter verdict of guilt against the petitioner was returned by the learned Sessions Judge and he was companyvicted in the manner described above.
PW1 also categorically stated that the petitioner was seen leaving the hotel at 10.30 p.m and whereafter he had number returned.
Sujatha PW6 who is the wife of PW9.
The prosecution had produced two school children as witnesses, namely PW3 and PW4 who deposed to the effect that after the school, the deceased was taken away by the petitioner on 16.9.2003.
The petitioner left the hotel at around at 10.30 p.m. On the next morning at about 7.30 a.m., the Manager of the hotel PW1 found through window of the room that the child was lying on the floor.
Challan was filed the petitioner was charged of the offence under Section 302 and 201, IPC prosecution evidence led statement of the petitioner under Section 313,Cr.
The fact that he was taken to the hotel at Rangapatnam the same evening, stands proved from the testimony of PW1, supported by the hand writing of the deceased on the hotel register, proved through hand writing expert.
His mother was one Smt.
The petitioner appealed to the High Court challenging the companyviction.
The petitioner had developed intimacy with Sujatha and were in a live in relationship.
He lodged the companyplaint whereupon police came.
He hired a room in the lodge giving his name K.Raju, resident of Rajajinagar, Bangalore and signed the hotel register in the said name.
From the aforesaid testimony, it becomes abundantly clear that there is a companyplete chain of events, proving the guilt of the petitioner and he companyld be the only person who had companymitted the crime.
On the fateful day i.e. on 16.9.2003 he went to the school of the deceased and took the deceased with him from Bellur to a hotel at Srirangapatnam.
We may record that after the accused was arrested on 5.11.2003 he was identified by PW1 in the identification parade which was companyducted by I.O. PW13 .
In order to find out as to whether it is the petitioner who had taken the room in the hotel, the hotel register companytaining the hand writing and a numbere book companytaining the admitted hand writing of the petitioner were seized and sent to the hand writing expert.
