TAMILARASI ALIAS SIVAGAMI Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and sentence dated 13. 9. 2006 passed against the accused in S. C. No. 559 of 2005 on the file of the Principal Sessions Judge, Chengalpattu.

(2.) THE charge against the accused Tamilarasi @ Sivagami is that she being the mother of two female children viz. , Sonali aged about five years and Menaha aged about four years, unable to maintain her children, got vexed in her life, after her husband had deserted her and two children, decided to cause the death of her children and in furtherance of the same, with intent to commit murder of the children, on 28. 4. 2005 at about 5. 00 p. m. , threw her two children into the well belonging to one Egambaram situated in his field at Kamaraj Nagar, knowingly that they would drown in the well as a result of which the two children died of asphyxia and thereby committed the offence punishable under Section 302 I. P. C. (two counts ).

(3.) SINCE the above charge was denied by the accused, the prosecution was burdened with the duty of proving its case. To prove the case of prosecution, P. Ws. 1 to 11 were examined and Exs. P. 1 to P. 12 were marked.