LAWS(KER)-2014-6-206

LEELA R. Vs. STATE OF KERALA

Decided On June 19, 2014
Leela R. Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) A biological mother challenges her conviction and the sentence imposed on her under S.302 IPC, on the allegation that she killed her two new born daughters, just 35 days' old. We have heard the learned Senior Counsel appearing for her on benefit extended at State expenses and the learned Public Prosecutor.

(2.) The allegation against the accused is that she committed the offence punishable under S.302 IPC, by oral administration of acid to her twin daughters aged 35 days, at about 3.30 p.m. on 25/02/2003, owing to her mental agony of having begotten them. The recorded legal evidence discloses that the accused had twin daughters earlier, who are alive.

(3.) Exts. P7 & P8 post - mortem certificates, corroborated by the testimony of PW 12, the Police Surgeon, are the legal evidences that the two infants died due to corrosive acid poisoning. Naturally, the Court below was justified in holding that it is not a case of suicide. It could not also have been a case of the victims accidentally coming into contact with poisoning. Therefore, the Court below had rightly concluded that the material evidence in that aspect establishes homicide.