KAVITHA Vs. STATE

JUDGEMENT

(1.) Appellant Kavitha was A1 in Sessions Case No.281 of 1985 on the file of the Court of Sessions, Tirunelveli. Her husband Soundararajan was tried as A2 in the same Sessions Case, on a charge under S.306 I.P.C. He was ultimately acquitted. Appellant was charged under S.302 I.P.C. on two counts, for having caused the death of her two minor children, Kathiravan aged about 3-1/2 years and Devi Sangita aged about 2 years, by throwing them inside a well. She was further charged under S.309 I.P.C. for having attempted to commit suicide by jumping inside the same well.

(2.) The learned Sessions Judge, after an elaborate trial, found the appellant guilty of all the charges, convicted and sentenced her to undergo imprisonment for life under each count of murder and also to undergo simple imprisonment for one year under S.309 I.P.C. The substantive sentences of imprisonment were directed to run concurrently.

(3.) The prosecution case in brief is as follows: