VANARANI Vs. STATE

JUDGEMENT

(1.) The accused appeals. The appellant who hereinafter will be referred to as the accused stands convicted by the learned 1 Additional Sessions Judge. Tirunelveli for the offence of murder under two counts. The charge against her is that she, at about 6.00 p.m. on 4-9-1989 caused the death of her two children Jayakanth and Sunil Kanth by pushing them into a well and throttling them and that during the course of the same transaction, she also attempted to commit suicide. The learned Sessions Judge, while convicting the accused for the above charges sentenced her to undergo life imprisonment for the offence of murder (under two counts) and rigorous imprisonment for a period of six months for the offence punishable under Section 309 of the Indian Penal Code. Hence, the appeal.

(2.) Facts necessary to dispose of the appeal are as follows: P.W.3 is the younger sister and P.W.4 is the elder sister of the accused. P.W.3 was residing in the first floor of a house where P.W. 4 was residing. The accused was given in marriage to one Gunaseelan. Two children were born to the accused. The husband of the accused deserted her and went away to Rajasthan. As the deceased had no other relatives she took shelter alongwith her two children in the house of P.W. 3 her younger sister. The life of the accused in her sister's house was not happy. P.W.3 always found fault with the accused and even she used to abuse her saying that she is in illicit relationship with her husband. P.W.5 the Accused ashamed on account of this according to the prosecution took her two children at about 6.00 p.m. on 4-9-1989 to a well and after pushing her two children into the well, She also jumped into the well to commit suicide. As the water level of the well was only knee-deep. She suffered a fracture and the children survived. She there after throttled the children to death and attempted to commit suicide by constricting her neck. In which attempt she failed to her misfortune. She remained in the well with her two dead children till about 11.00 a.m. on 5-9-1989.

(3.) P.W.6 who went to the well to irrigate her lands. Finding the accused in the well, informed the villagers. The accused and her two dead children were brought out dead. The accused was taken to P.W. 16 the doctor by her brother P.W.7. P.W. 16 examined her and found a fracture on her right knee. He advised her to take an X-ray. After first aid, she was sent away by the doctor. P.W.7 thereafter took the accused and produced her before P.W.1 the Village Administrative Officer to whom the accused narrated the incident, which was reduced into writing by him. The said statement of the accused is Ex. P-1, P.W. 1 prepared Ex. P-2 yadasth. A copy of the yadasth and the statement of the accused are Ex. P-3. After preparing the yadasth. P.W.1, sent Exs. P-1 and P-2 through P.W. 2 Talayarl. P.W. 2 produced the said documents at 8.30 p.m. on 5-9-1989 before P.W. 19 the Sub-Inspector of Police. Uthumalai Police Station. On the basis of which he registered a case against the accused under Sections 302 (2 counts) and 309 of the Indian Penal Code. Ex. P-17 is the copy of the printed First Information Report. He informed P.W.20 the Circle Inspector of Police, Alangulam.