KAMALAMMA Vs. STATE OF KERALA

JUDGEMENT

(1.) This is a traffic case of a mother killing her new born illegitimate female child by throttling her and then secretly burying the dead body. The appellant is the daughter of P. W. 4. She was married to P. W. 2, but under a deed Ext. P. 4 the marriage was dissolved on 4-3-1958. The accused had 4 children by P. W. 2 and all the children were living with the father. The appellant was living alone in a portion of Melathil house. In another portion of the same house her mother P. W. 4 was living. P. Ws. 1 and 3 are persons residing in the immediate vicinity of the accused's house. While living alone, due to illicit connections, the appellant became pregnant. On 7-12-59, P. Ws. 3 and 4 say that they heard cries of a new born babe from the room of the accused. P. W. 4, the mother was the first to reach the room. She found the door closed and bolted from inside. P. W. 3, the other neighbour also came to the house and found the door closed. Several other neighbours gathered by that time and after an hour the accused opened the door. The mother P. W. 4 got inside and she saw the child lying on the floor of the kitchen. It was a female child. The child was then not crying and traces of blood on the body of the child was noticed by her. The accused then closed the door and all people left the place.

(2.) P. W. 1 on getting information about this from some of the persons gathered there went to the Fort police station and gave Ext. P. 1 before P. W. 10 the Head constable, who was then in charge of the police station. P. W. 11 the Sub-Inspector was on leave. He was given information and the next day he filed a report before P. W. 6, the Executive First Class Magistrate. They reached the scene at 10. 30 a. m., on 8-12-59. P. W. 6 caused the body of the child to be disinterred from the south-eastern corner of the kitchen room. The place was pointed out by the accused herself. After the body was taken, the Executive First Class Magistrate held the inquest and questioned the witnesses. The body of the child was identified by P. W. 4. The accused was then sent to the Women and Childrens' Hospital for examination. P. W. 5, the Assistant Surgeon attached to the General Hospital, Trivandrum conducted the autopsy and after completing the investigation, the accused was charge sheeted for offence under S.302 and 318 I. P. C.

(3.) In the committing Magistrate's court, the accused stated that she had not committed any offence and stated that somebody else might have killed her child. According to her, immediately after the delivery, she became unconscious. Ext. P. 14 is her statement. In the Sessions Court, she admitted that her marriage with P. W. 2 had been dissolved under Ext. P. 4 and when her attention was drawn to the evidence of P. Ws. 1 to 4 that she was living alone in the western room of the Melathil house, after the dissolution of the marriage and that she became pregnant, the accused admitted the evidence of the witnesses as true. She also admitted that she delivered a child on 7-12-59. According to her she fell unconscious and regained consciousness only by about 3. 30 p. m. and then she found the doors of her room lying open and her new born babe missing. She admitted that the dead body was disinterred by P. W. 6 from her kitchen and that thereafter she was sent for treatment to the hospital.