KALIAMMAL Vs. STATE

JUDGEMENT

(1.) THE sole accused, Kaliammal, has come forward with this appeal challenging the Judgment of conviction and sentence passed by the learned Principal Sessions Judge, Dharmapuri, dated 22.03.2006. made in S.C.No.179 of 2004 convicting the appellant for the offence under Section 302 IPC and sentencing her to life imprisonment and also imposing a fine of Rs.5,000/-, in default, to undergo six months rigorous imprisonment and convicting the appellant under Section 201 r/w.302 IPC and sentencing her to one year rigorous imprisonment and imposing a fine of Rs.500/-, in default, to undergo three months rigorous imprisonment. THE sentences were ordered to run concurrently.

(2.) THE occurrence in this case is shown to have taken place on 4.12.2002 at about 7 a.m. at the house of the accused wherein the accused with the intention of causing the death of female child aged 10 days born to her daughter one Sivagami, administered poison (kallipal) resulting in the death of the new born child deceased and thereby committed the offence under Section 302 IPC and thereafter buried the said body of the child in the field and screened the offence and thereby committed the offence under Section 201 read with 302 IPC.

(3.) P.W.1, the Village Administrative Officer of the village received the information on 7.12.2002 at 3 p.m., through the public about the death of the deceased child born to Sivagami, daughter of the accused. He went to the scene village and examined the accused and at that time, the accused informed him that the second female child was born to her daughter Sivagami and instead of giving mother's milk, the child was given cow's milk and as a result, the child died due to swelling in the stomach. It is further stated by P.W.1 that the death of the child was not informed to any one and the body was buried in the field near a well and the accused also shown the place of burial to P.W.1.