ANJALA ALIAS KAMATCHI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE appellants are A-1 and A-2 in S. C. No. 65 of 2005 on the file of the learned Additional District Sessions Judge, Fast Track Court, Namakkal. They were found guilty for the offence 302 r/w 109 I. P. C. and sentenced to undergo life imprisonment and to pay a fine of Rs. 1,000/- each in default to undergo simple imprisonment for two months each. They were also convicted for the offence under Section 201 I. P. C. and sentenced to undergo rigorous imprisonment for two years each and to pay a fine of Rs. 500/- each in default to undergo simple imprisonment for one month each. Hence they are before this Court by way of the present appeal. (The appellants herein after referred to as "accused")

(2.) THE accused were put on trial on the following facts: a) Both the accused are wife and husband. The accused have two female children already. On 13. 8. 2001 A1 gave birth a third female child. As the accused were not in a poison to maintain the family, particularly already they had two female children, they decided to kill the third female child. Hence, on the same day evening A-2 the husband brought (ERUKKAM MILK) Madar Poison and A-1 Administered the same to the child. Immediately the child died and both the accused buried the child near their house. On 20. 8. 2001 at about 5. 00 p. m. P. W. 2 by name Subramanian, who was working as an Assistant in the Village Administrative Office, Chenbagamadevi, came to know that both the accused had buried the child without intimating the same to the Village Administrative Officer. Therefore, he informed the same to the P. W. 1, the Village Administrative Officer, who along with P. W. 2 lodged complaint at about 9. 00 p. m. on 20. 8. 2001 to the Mallasamuthram Police Station. The complaint was registered by P. W. 11, the Sub-Inspector of Police in Cr. No. 221 of 2001 under Section 174 of Cr. P. C. under Ex. P. 12, F. I. R. Thereafter, P. W. 11 forwarded the copy of the F. I. R. to the Tahsildar for further enquiry. P. W. 11 also sent a copy of the F. I. R. to P. W. 12, the Inspector of Police of the same police station for investigation. P. W. 12 took up the investigation and sent intimation (Ex. P. 13) to P. W. 7 the Tahsildar, Tiruchengode to exhume the body as the child was buried without intimation to the Village Administrative Officer. On receipt of the intimation P. W. 1 came to the place where the deceased child was buried and exhumed the body of the deceased child and conducted the Inquest in the presence of the witnesses and prepared the Inquest Report Ex. P. 6. The Post Mortem was also conducted on the same place where the deceased child was buried, by P. W. 9. P. W. 9 found the following appearances on the body of the deceased at the Post-Mortem:

(3.) IN order to substantiate the charges, prosecution has examined 12 witnesses and marked 15 exhibits. On behalf of the accused no witness was examined.