SHAILAJA Vs. STATE OF KERALA

JUDGEMENT

(1.) The sole accused in S.C. No.158/2017 on the file of Sessions Court, Thrissur, has preferred this appeal challenging the judgment of conviction and the order of sentence passed against her for the offence punishable under Sec. 302 of the Indian Penal Code.

(2.) The facts of the case in brief are as follows: The deceased in this case was a 4-year-old minor girl named Meba and her maternal grandfather's sister is the accused. The accused was nurturing animosity towards the mother of Meba (CW5) and other family members of CW5 as CW5 and her mother (CW10) stated that it was the accused who had earlier stolen Meba's waistlet when it was lost. Furthermore, the accused believed that it was at the instigation of CW5 and CW10, that the family members of the accused asked her not to visit the family house after the accused was booked in a case registered under the Immoral Traffic (Prevention) Act, 1956. Due to the said animosity towards CW5 and her family members the accused with an intention to kill Meba, the daughter of CW5, on 13/10/2016, between 1.30 p.m. and 2 p.m., took Meba to the banks of "Manalipuzha" and then threw Meba into the said river and thereby killed her. Hence the accused is alleged to have committed the offence punishable under Sec. 302 of IPC.

(3.) On completion of the investigation, the final report was submitted before the Judicial First Class Magistrate Court, Irinjalakuda. Being satisfied that the case was one triable exclusively by the Court of Session, the learned Magistrate after complying with all the necessary formalities committed the case to the Court of Session, Thrissur under Sec. 209 of the Criminal Procedure Code. The learned Sessions Judge took cognizance of the offences and issued process to the accused. After hearing both sides under Sec. 227 of the Cr.P.C., and perusal of records, the learned Sessions Judge, framed a written charge against the accused for offence punishable under Sec. 302 of IPC. When the charge was read over and explained to the accused, she pleaded not guilty and claimed to be tried.