SELVAM Vs. STATE

JUDGEMENT

(1.) THE appellants herein are accused 1 and 2 in S.C.No.115 of 2008 on the file of the Principal Sessions Judge, Krishnagiri and the first accused stands convicted for the offence under Section 302 IPC and sentenced to undergo life imprisonment and to pay a fine of Rs.1,000/- in default to undergo rigorous imprisonment for six months and accused 1 and 2 stand convicted for the offence under Section 201 r/w 302 I.P.C. and sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs.1,000/- in default to undergo rigorous imprisonment for six months. THE sentence of imprisonment imposed on the first accused would run concurrently. Challenging the said conviction and sentence, the appellants have preferred this criminal appeal.

(2.) THE charges against the appellants/accused, are that the second accused, who is the wife of the first accused, gave birth of a female child, and as they already had a female child, the first accused administered tobacco juice to the four days' new born female child and caused the death of the child and that both the accused, in order to conceal the offence, buried the child.

(3.) AFTER completion of the recording of the evidence of the prosecution witnesses, the accused were questioned under Section 313 Cr.P.C. and they denied their complicity. On the side of the defence, no witness was examined and no document was marked. The trial Court after analysing the evidence, convicted and sentenced the accused as stated above.