ISMAIL BEEBI Vs. STATE

JUDGEMENT

(1.) THE sole accused in a case of murder on being found guilty as per the charge and awarded life imprisonment by the Court of Sessions, erode, in S. C. No. 208 of 1998 has preferred the present appeal.

(2.) THE short facts necessary for the disposal of this appeal could be stated thus :-P. W. 1 is a resident of Vellakoil kacherivalasu. The appellant also belongs to the same village. The appellant was having two children, one aged abut four years and the other aged abut four months. She was deserted by her husband who went over to Madurai. On the date of occurrence, namely, on 20-9-97, at about 7. 00 p. m. when P. W. 1 was returning from the temple after attending nature's call, she found the appellant going near the well having one child over her shoulder and taking the other child by her hand. The appellant on nearing the well threw the four months old baby child into the well. This was witnessed by P. W. 1. When the appellant attempted to throw the other child also, P. W. 1 stopped her and when she shouted for help, P. Ws. 2, 3 and 4 came over there. The appellant was caught and she was asked to wait aside with the other child. Immediately P. W. 1 rushed to vellakoil police station at about 10. 00 p. m. where P. W. 11 was on duty at that time. She gave an oral complaint to P. W. 11, which was reduced into writing and which stands marked as Ex. P-1. On the strength of the complaint, Ex. P. 1, a case came to be registered against the appellant in crime No. 447/ 98 under Section 302, IPC. Printed first information report, Ex. P-5 was despatched to Court.

(3.) ON receipt of a copy of the printed first information report, P. W. 12, the Inspector of Police, Vellakoil took up investigation in the crime. He proceeded to the scene of occurrence, made an inspection in the presence of two witnesses and prepared Ex. P-2, observation mahazar and drew a, rough sketch, Ex. P-6. He conducted inquest over the dead body of the deceased child in the presence of witnesses and panchayatdars and prepared Ex. P-7, inquest report. He sent the dead body of the child along with a requisition to the doctor for conducting autopsy.