BALKIS Vs. STATE

JUDGEMENT

(1.) THE appellant herein/accused, a lady aged about 23, was charged by the trial court for having committed the murder of her own daughter, aged about 2 1/2 year. THE allegation is that on account of her intimacy with one John Basha, the accused gave birth to the deceased and thereafter, on coming to know that the said John Basha already got married, she quarrelled with him, whereupon, he left the village. Subsequently, while living separately with her mother PW-3, she developed intimacy with one Velu and such affair came to be known to the villagers, resulting in a panchayat. PW-3 and other villagers did not recognise the relationship between the accused and the said Velu and hence, Velu left the village. Thinking that the child would be an impediment for her affair with Velu, the accused intended to do away with the child and in furtherance of such intention, she took the child and threw her into the Well belonging to one Syed Qasim resulting in her death; hence, charge under Section 302 IPC. was framed against her. THE prosecution, in order to substantiate its case, examined PWs-1 to 10, marked Exs.P1 to P12 and produced MOs-1 to 7. Learned District and Sessions Judge, Tiruvannamalai, by judgemnt dated 23.10.2007, passed in Sessions Case No.127 of 2006, found the accused guilty of the charge under Section 302 IPC. and sentenced her to undergo life imprisonment.

(2.) THE case of the prosecution, as projected by its witnesses, is concisely stated here-under:-

(3.) WE have carefully perused the materials available on record and considered the submissions made by the counsel appearing on either side.