CHANDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS is a case of infanticide as appellant has been indicted for killing his own baby daughter " Lakshmi " by strangulation and smothering. Sessions Court found him guilty and convicted him of the offence under S. 302 of the Indian Penal code. Learned Sessions Judge was "not confident enough to include this case within the category of rarest of rare cases" and hence he awarded only the lesser sentence.

(2.) DECEASED Lakshmi was only four months old when she died. Her mother Retnamma (P. W. 3) became mother of two other children (including P. W. 2) even before she became wife of the appellant. Lakshmi was born afterappellant-married her. Prosecution case is that Ratnamma resisted appellant's persuasion to go to Mangalore to join a prawn peeling unit mainly on the ground that Lakshmi was a suckling child. On 15-9-1987, Retnamma left the child in her house in the care of the appellant and went to a neighbor's house for attendinga wedding. Appellant found it a convenient occasion to permanently relieve Retnamma of the suckling child so as to enable her to undertake work at Mangalore. Appellant strangulated the child with a ligature tied around its neck and then smothered it by forcibly applying his palm on her mouth. After the child died, appellant put her in a bucket of water. P. W. 2 saw that act and he made a hue and cry. Some of the neighbours as well as Retnamma rushed in and P. W. 2 told them of what he saw.

(3.) LEARNED counsel for the appellant contended that P. W. 2 being a child witness (then aged only 9) does not deserve credit. The main attack against him is that he falsely said that he was studying in the third standard at " Valia Azheekkal School". D. W.I , headmistress of Government High School Valia Azheekkal , was examined to say that no such student as p. W. 2 was then studying in that school.