ALUMELAMMA Vs. STATE OF KARNATAKA, BY THE STATION HOUSE OFFICER NANDAGUDI POLICE STATION, BANGALORE RURAL DISTRICT

JUDGEMENT

(1.) THE convicted accused in Sessions Case No. 62/2005 by the Fast Track Court -II, Bangalore Rural District, Bangalore has filed this appeal questioning the judgment and order of conviction. This is a unfortunate case wherein the two children aged about 4 years and 4 months respectively are murdered by their own mother Upon causing the murder of two children, she tried to commit suicide by slitting her neck with the help of knife -MO 1 but she survived after providing treatment to her in the Hospital.

(2.) THE case of the prosecution in brief that the accused along with her husband and other relatives including PWs 4 and. 5 migrated from Andhra Pradesh to Bylanarasapura Village (near Bangalore City) seeking livelihood. They were working under PW -1 - Kajasab and were staying under one roof at Bylanarasapura Village. 1t is alleged that the husband of the accused namely, Gurumurthy (PW -3) was having an illicit relationship with one Susheela and there used to be frequent quarrels between the accused and PW -3 in that regard. Since PW -3 did not give up the illicit relationship with Susheela, the accused decided to put an end to her life along with her children. With the said intention, the accused armed with knife took both the children in the morning of 24.09.2004 and went away from the house to Halla in the land of PW -1. She, first committed the murder of her son Rajesh by cutting his neck with the knife and.thereafter she committed the murder of her daughter Monika in the same manner. She threw both the dead bodies in the water stagnated in the halla (pond). She also attempted to commit suicide by cutting her throat with the same knife. Though she sustained severe bleeding injuries, she did not die. The incident is seen by PW -2 - Aleem Khan, who was passing by the side of the incident at the time of alleged incident. When the male members of the family of the accused who had gone for work returned in the afternoon for lunch they found that the accused WAS, missing along with her two children. On enquiry with Anuradha (PW -5), PWs 3 and 4 and other inmates of the house. They learnt that the accused had left, the house in the morning along with children armed with knife. Thereafter, the accused did not return back to the house. The search took place by the family members of the accused. Ultimately., they came to know that the accused was lying near the Halla with bleeding injuries on her neck and went there. She was unable to speak. However, on enquiry, she narrated through signs that somebody had killed her children and had also inflicted injuries to her. The injured was shifted to Hospital Thereafter, PW -1 went to Police Station and lodged the complaint as per Ex. P1 at about 3.15 p.m. on the very day Based on the complaint, PW -12 of Nandagudi Police Station has registered Crime No. 147/2004 for the offences punishable under Sections 307 and 302 of I.P.C. Since the complainant did not know about the actual assault made by the accused on the children, the complainant does not disclose the complicity of the accused in the crime. In the course of the investigation, statement of the accused is recorded and in pursuance of the a aid statement, MO -1 knife as well as certain silver ornaments are recovered near the scene of offence. The Police after the investigation have Bled the charge sheet.

(3.) SRI . Sachin and Sri. Shivagowda B. To lat, learned Advocates appearing on behalf of the accused argued in support of the accused Sri. Sachin contended that, the presence of PW -2 near the scene of offence is unbelievable inasmuch as he has not opened his mouth till his statement is recorded on 9th October 2004 nor the explanation of PW -2 in keeping silent is unacceptable; the evidence of Doctor -PW -9 who treated the accused specifically indicates that MO -1 knife recovered by the Police at the behest of the accused cannot cause the injuries found on the accused; the evidence of PWs 3, 4and 5 cannot be relied upon inasmuch as they are all interested witnesses; the motive as alleged by the. prosecution is not proved inasmuch PW -5 has denied in cross examination that there was ill -will) between the accused and PW -3 with regard to the alleged illegal intimacy of the PW -3 with Susheela; that the reasons assigned and the conclusion arrived at by the trial Court are just and proper; the prosecution has not come out with true ease before the Court inasmuch as there is no reason as to why the accused should murder her own children and attempt to commit suicide. Based on these and other grounds, the defence Counsel argued for acquittal of the accused.