SARALA Vs. STATE

JUDGEMENT

(1.) Sarala, the appellant was tried for the offences under Sections 364 and 302, IPC for having kidnapped the child by name Sabash Pandi, aged about 4 years, from his parents house at Madurai and took him to Anaipatti village and pushed him into the well, thereby caused his death.

(2.) After conclusion of trial, the trial Court found the accused guilty for both the offences, namely Sections 364 and 302, IPC by the judgment dated 25-7-2002. Challenging the same, the appellant has filed this appeal before this Court.

(3.) When the appeal came up for admission on 22-8-2002, this Court asked the counsel as to how the appeal against conviction under Section 302, IPC could be brought before the single Judge instead of Division Bench. At that point of time, the learned counsel would submit that the trial Court though convicted the appellant for the offences under Sections 364 and 302, IPC, she was only sentenced to undergo R.I. for seven years for the offence under Section 302, IPC and R.I. for five years and to pay a fine of Rs. 1,000/- for the offence under S. 364, IPC and hence, the Office posted the appeal before the single Judge.