NISHA SURESH Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the accused in Crime No.1761/2021 of Kanjirapally Police Station, Kottayam District alleging commission of offence under Sec. 302 read with Sec. 34 of the Indian Penal Code.

(2.) The allegation against the petitioner is that she along with her elder child who aged only 15 caused death of her new born baby who was her 6th child by dropping the baby in a bucket of water.

(3.) The learned counsel for the petitioner submits that the allegations are totally false and that the death of the baby occurred on account of an accident. It is submitted that the petitioner is suffering from multiple handicaps and is bedridden for the last 10 years. It is submitted that she had requested her elder child who is aged 15 years to bathe the new born baby and owing to the inexperience of her daughter, the new born baby accidentally died while it was being bathed. It is submitted that this is clear from the fact that the petitioner did not made any attempt whatsoever to conceal the body of the baby in any manner.