RAJANI Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant, accused, who was prosecuted for the offences punishable under Sections 302, 307 and 309 Indian Penal Code were found guilty of all the offences. She was therefore convicted and sentenced to suffer imprisonment for life for the offence punishable under Section 302 IPC. She was also sentenced to suffer rigorous imprisonment for three years for the offence punishable under Section 307 IPC and also sentenced to suffer simple imprisonment for six moths for the offence punishable under Section 309 IPC. The sentences were directed to run concurrently.

(2.) The accused, who was an orphan, was married by P.W.2. They had three children aged four and a half years, two and a half years and three months respectively. The prosecution allegation is that the children were suffering from continuous illness and that had worried the mother. Unable to put up with the trauma, the prosecution would say that she administered poison to two of her children and consumed poison herself. Except her younger child, who was only two and a half years at the relevant time, the appellant and her daughter survived. P.W.1, who had come to know about the incident had occasion to take the children to the hospital. When he reached the house of P.W.2 and the accused, he found that several women had already gathered there. He says that when he took the child to the hospital, he felt smell of acid. He laid Ext.P1 first information statement. P.W.9, the Sub Inspector of Police recorded Ext.P1 first information statement and registered Ext.P1(a) FIR. Investigation was taken over by the Sub Inspector of Police concerned. He went to the place of occurrence and had Ext.P6 scene mahazar prepared. He conducted inquest over the body of the younger child and prepared Ext.P7 inquest report. He had the body sent for postmortem examination. P.W.5, the Forensic Surgeon conducted autopsy over the body of the younger child and prepared Ext.P4 postmortem certificate. He had the internal organs sent for chemical examination and obtained Ext.P9 certificate. He completed investigation and laid charge before court.

(3.) JFCM, Mannarkkad, before whom final report was laid took cognizance of the offences. On appearance of the accused before the said court, all legal formalities were complied with. The learned Magistrate found that the offences are exclusively triable by a court of Sessions and accordingly committed the case to Sessions Court, Palakkad. The said court made over the case to Additional Sessions Court Fast Track No. III, Palakkad for trial and disposal.