[Criminal Appeal No. 593 of 2005]. The appellant was convicted by Additional Sessions Judge Kota, Rajasthan for offence punishable under Section 302 of the IPC. He was sentenced to life imprisonment. In short, the case of the prosecution is that on 24/2/1997, the appellant cut the throats of his children Rakesh and Rajkanta with a blade in the house of his in-laws where he was staying for his treatment. He was suffering from tuberculosis. According to the prosecution, this incident was witnessed by Banwari, the brother-in-law of the appellant. Banwari informed about it to his brother Kajod, who had come from the market. Kajod found Rakesh dead. Rajkanta was alive and was in pain. Kajod took her to the doctor and the doctor declared her dead. Kajod lodged FIR. Investigation was started. The appellant was arrested. After completion of the investigation, the appellant came to be charged under Section 302 of the IPC. In support of its case, prosecution examined 14 witnesses. PW-2Banwari is the eye-witness. He is a child witness. His evidence is material to the prosecution. The appellant pleaded not guilty to the charge. He stated that he was falsely implicated in the case, because his relations with his wife's family were strained.
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