SHEELA Vs. STATE OF KERALA

JUDGEMENT

(1.) 34 year old Sheela who was the sole accused in S.C. No. 58/2003 on the file of the Addl. Sessions Court (Fast Track) (Adhoc)-I, Kozhikode for an offence of infanticide punishable under S.302 IPC and attempt to commit suicide punishable under S.309 IPC, challenges the conviction entered and the sentence passed against her by the said court for the offence punishable under S.302 I.P.C.

(2.) THE case of the prosecution can be summarised as follows:- On 18-9-2000 at about 8.30 a.m. the accused Sheela aged 29 years in M. M. Paramba in Unnikkulam amsom and desom, with the intention of doing away with her two year old son Sonu, proceeded towards the rear portion of her parental home by name Kottakkunnummal house along with the child and a chopper under the guise of splitting firewood and knowingly and intentionally caused the death of the said child by cutting its throat with the chopper. Thereafter the accused attempted to commit suicide by cutting her own throat with the chopper. The accused has thereby committed offences punishable under S.302 and 309 I.P.C.

(3.) AFTER the close of the prosecution evidence the accused was questioned under S.313(1)(b) Cr.P.C. with regard to the incriminating circumstances appearing against her in the evidence for the prosecution. She denied those circumstances and maintained her innocence. She filed a separate written statement under S.233 Cr.P.C. to the following effect:- She has nothing to do with the occurrence as alleged by the prosecution. She was married by Vazhoramalayil Satheesan who belongs to Kannadipoyil. Two children were born in that wedlock. While she was pregnant for the second child, her husband on the allegation that he is not the father of that child had on several occasions attempted to destroy the foetus. On account of his conduct she had become mentally deranged and had become a mental patient. She was undergoing treatment for the mental illness. On the day previous to the date of occurrence her husband had come to her house and had threatened to kill her and her child. She had undergone tremendous mental stress on account of the above threat. She subsequently came to know that on the next day that is on 18-9-2000 she and her child sustained injuries due to an attack by her husband. She was by reason of unsoundness of mind unable to know what happened. She has not done anything as alleged and she is completely innocent. She may be set at liberty.