ALUVALIYA Vs. STATE

JUDGEMENT

(1.) THIS appeal is against the judgment passed by the learned IV Additional Sessions Judge, Madras, dated 9.4.1992 in S.C. No.263 of 1991.

(2.) BOTH the appellants herein stood charged under Sec. 302 read with Sec. 34 of Indian Penal Code of having committed murder of their daughters by name Pichu and Pushi aged 5 years each and son by name Tittu aged 3 years oil the night of 1.6.1990 by administering poison to them With the intention of committing their murder. The first appellant was also charged Under Sec. 309 of Indian Penal Code of having attempted to commit suicide by inflicting knife injuries all over his body. The second appellant was also charged under Sec. 309 of Indian Penal Code of having attempted to commit suicide by immolating herself after pouring kerosene over her body.

(3.) TWO shallow cuts over dorsum left foot.So also, in the wound certificate issued by him under Ex.P-5, he has noted the following injuries found on the second appellant:Burns to face, chest, both upper limbs, front of both thighs and left scapular area - at 45%-at 1 1/2" shallow horizontal cut right side of neck,4. parallel cuts at 1/2 each over dorsum of left hand.-2 parallel cuts over dorsal aspect of I left (preaimal) metacarpal.-2 parallel cuts over dorsal aspect rightmetacarpal I at 1" long.-1 cut dorsum right hand over II metacarpal.-1 cut 1/2" dorsum right hand over IV metacarpal.-3/4" long shallow cut below left medial maleolus.P.W. 5 who gave treatment to the first appellant from 1.6.1990 to 24.6.1990 has issued a certificate under Ex.P-6 for the injuries found on the first appellant and according to him all the injuries were simple in nature. The first appellant has been discharged on 24.6.1990. 7. P.W. 6 who gave treatment to the second appellant from 16.1990 to 16.8.1990, has given a certificate under Ex.P-7 and according to him, the injuries found on the second appellant are grievous in nature.