KALLIANI Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused, Kalliani has preferred this appeal against the sentence of imprisonment for life passed against her by the Sessions Judge of Kozhikode for causing the death of her four month old illegitimate child by throwing it into a pond on the morning of 3-6-1960.

(2.) Kalliani aged 32 is an unmarried Nair woman who illicitly consorted with one Gopala Panicker and gave birth to a female child Vasumathi now aged about six years. After separation from Panicker, she and one Thiyya called Raman, Pw-15, carried on an illegal intimacy as a result of which she gave birth to a male child on 12-2-1960. It is alleged that by giving birth to a Thiyyas child the accused brought disgrace upon the family and Pw-5 the husband of a sister of the accused who died 12 years ago, scolded her to improve her character some two weeks before the date of occurrence. It is also alleged that Pw-5 (though he does not admit it) insisted upon the removal of the Thiyyas child from the house, and that caused the accused to kill her child by throwing it into a pond near her house on the morning of 3-6-1960. On 4-6-1960 Pw-15 the putative father who does not admit the paternity of the child, got frightened because of the rumour set afloat by the accused that the child was left in his house, went to Pw-1 Haji, a rich and respectable man of the locality, who promised to do the needful in the matter. Pw-1 made enquiries by questioning some women of the locality and in the end at about mid-night on the 4th, went to the house of the accused along with Pw-9. The accused first told them that the child was taken to its father, but when Pw-1 compelled her to tell the truth, she is alleged to have confessed to Pw-1 and Pw-9 that she threw the child into the pond and drowned it on the morning of the 3rd Pw-1 then returned to his house after directing Pw-9 to go to the Village Munsiff.

(3.) The accused pleaded not guilty and retracted every confession and stated that she did not kill her child which was left in the house of its father on 2-6-1960.