SUBAIDA Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in SC No.244/2001 of the Additional District and Sessions Court (Adhoc) Fast Track Court-I, Manjeri, faced trial for offences punishable under section 302 IPC on an allegation that she had committed murder of her 12 days old baby.

(2.) The prosecution case was that accused was married to PW1. Two children were initially born in the matrimonial relationship . PW1 was employed abroad and used to come on leave. While so, the accused became pregnant and gave birth to a third baby on 30/5/2000 at a hospital. The baby was a fully grown baby which weighted 2.5.kgs. After the delivery, the mother and the child were taken to her home. According to the prosecution, some of the family members of the husband maintained doubt regarding the paternity of the child, on a reasoning that the child was born five months and 28 days after PW1 had returned from Gulf Countries. Prosecution alleged that the accused feared that the husband and members of his family may insist for conducting a DNA test, to ascertain the paternity of the child. To escape from this and to destroy the crucial evidence, on 11/6/2000 at about 1 p.m., with intention of causing death of the child, accused allegedly struck on the vertex of the child with her fist. Child suffered internal hemorrhage and succumbed to it, at 3.30 p.m. on that day.

(3.) The husband laid Ext.P1 FIS on the same day at 8 p.m. It was recorded by PW15, the sub inspector of police. Ext.P20 FIR was registered. Investigation was conducted and after the investigation, final report was laid for offence under Section 302 I.P.C. Accused appeared pursuant to the summons and pleaded not guilty.