SATHIYA Vs. STATE

JUDGEMENT

(1.) This appeal is filed against the order, dtd. 27/9/2019 by the learned Additional District and Sessions Judge, Fast Track Court, Vellore in S.C.No.80 of 2019, in and by which, the Trial Court found the appellant/accused guilty of the offence under Sec. 304 (ii) of the Indian Penal Code (2 counts) and imposed a sentence of Rigorous Imprisonment for three years and to pay a fine of Rs.1,000.00 for each count and in default of payment of fine, to undergo Rigorous Imprisonment for another period of six months.

(2.) This is a sad case which stands testimony to the gender inequality prevailing in our society. The appellant/accused is the mother of three children. The first child, namely Lathika, was aged about 5 years and the second child, namely Hasini, was aged about 3 years and at that stage, she begot third child, which was also a female child. When the third child was about 1 month old, unable to bear the taunt of the society that she was an unfortunate woman to bear only female child, on 22/7/2016 between 16.30 hours to 17.30 hours, while sparing the eldest child, it is alleged that she administered poison, namely Organo Phosphorous compound to the second female child, namely Hasini and the 1 month old baby and also consumed herself the same poison and attempted to commit suicide. However, the mother was rescued, both the children died unfortunately.

(3.) A case was registered in Crime No.255 of 2016 under the provisions of Sec. 174 of the Code of Criminal Procedure and thereafter, was altered into one under Sec. 302 of the Indian Penal Code and Sec. 309 of the Indian Penal Code. P.W.15 took up the case for investigation and filed a Final report, which was taken on file by the learned Judicial Magistrate, Vellore as P.R.C.No.2 of 2018 and after appearance of the accused and furnishing of copies under Sec. 207 of the Code of Criminal Procedure, the learned Magistrate committed the case to the Principal Sessions Court, Vellore. After taking the case on file as S.C.No.80 of 2019, the case was made over to the Trial Court.