KAVITA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The appellant was convicted by the Sessions Judge, Tirunelveli for offences under Section 302 and Section 309, IPC and sentenced to life imprisonment for the former and one year rigorous imprisonment fort the latter. The conviction and sentence were confirmed on appeal by the High Court and aggrieved thereby, the appellant has preferred this appeal.

(2.) The cast of the prosecution is as follows: On 13-1-85 at about 8. 00 A. M. when PW 1 went to answer call of nature, he saw the appellant jumping into a well situated nearby and when he ran to the well and looked down, he saw that the appellant was struggling for her life and a male child's body was floating. He went to the village nearby and brought PW-2, PW-3 and one Meera to the place of occurrence. The three men went down the well and brought out the appellant. When questioned by them she replied that she could not withstand the daily torture at the hands of her husband and decided to bring an end to her life along with that of her children. The fire service people came and took out the body of the male child from the well. The appellant was taken to the hospital. PW1 went to the police station and gave a complaint referring to the confession made by the appellant. The body of the daughter of the appellant was removed from the well next day. It was found that the two children died on account of asphyxia caused by drowning. The appellant and her husband were prosecuted. The latter was charged with an offence under Section 306, IPC.

(3.) The trial Court acquitted the appellant's husband and convicted the appellant. The evidence of PWs 1 to 3 was relied on as proving the extra-judicial confession alleged to have been made by the appellant. The case of the appellant that herself and her son slipped into the well when they were trying to wash their feet and her daughter got frightened and fell into the well was rejected. On appeal, the High Court has also placed strong reliance on the alleged extra-judicial confession of the appellant and confirmed the conviction and sentence.