VIJAYA Vs. STATE

JUDGEMENT

(1.) Leave granted.

(2.) The appellant is wife of the de-facto complainant Mani @ Allimuthu. After about 2 years of their marriage, the couple was blessed with a daughter. It appears that on account of appellant's failure to cook sufficient food for her in-laws, who visited their house, a quarrel took place between the husband and the wife. The appellant, unfortunately, decided to commit suicide and consumed a poisonous substance, Odeuvanthlai, which she also administered to their 10 months old daughter. The husband of the appellant, namely, the de-facto complainant, had gone for work at that time and when he came back to his house after his work on 10/10/2012, he found both the appellant and their daughter unconscious. They were taken to Vinayaga Mission Hospital, Salem where the baby girl died on 13/10/2012. When the appellant gained consciousness, her purported Dying Declaration (Exhibit 'P20') was recorded on 11/10/2012 by learned Judicial Magistrate (P.W. 13). The appellant eventually survived. The husband of the appellant had meanwhile reported the matter to the Police, which led to registration of a case under Ss. 302 and 309 of the Indian Penal Code (in short 'Code') against the appellant for causing the death of their daughter.

(3.) The appellant was put on trial, in which 14 witnesses were examined from the prosecution side, besides reliance on 23 documents.