IN RE: PARVATHI AMMAL Vs. STATE

JUDGEMENT

(1.) THIS appellant, Parvathi Ammal, has been convicted by the learned Additional Sessions Judge of Ramanathapuram Division at Madurai, of offences under Sections 302, Indian Penal Code (three counts) and 309, Indian Penal Code and sentenced to undergo imprisonment for life upon the charge of murder and simple imprisonment for six months under Section 309, Indian Penal Code, the sentences to run concurrently. Further, the learned Judge has made a recommendation under Section 401, Criminal Procedure Code, that the Government might be pleased to commute the sentence to rigorous imprisonment for three years.

(2.) THE facts are very clearly established in evidence, and have throughout been admitted by (he accused. The accused was married to one Sevugan (P.W. 1) as his third wife, and these people were residing at Sillampatti Village in Tirupattur Taluk. The accused and Sevugan (P.W. 1) had four children, of which the eldest was a daughter named Chinthamani, and the others were respectively a daughter Chittu (aged 5), a daughter Papal (aged 3) and a boy (aged 1 1/2). The evidence shows that about 10 years previous to these offences, the earning member of the family (P.W. 1) was disabled by dacoits, while sleeping at his sheep pen. The result of this accident was that the entire burden of supporting this family fell on the accused. The evidence very clearly proves that these people were in strained circumstances, and the accused seems to have suffered from fits of depression or mental confusion off and on. On 2nd November, 1958, when Sevugan (P.W. 1) left the house at about 9 A.M. to proceed to a shandi, the accused and her children were taking their food. But before leaving the house, P.W. 1 asked the eldest daughter, Chinthamani, to proceed elsewhere, and she was not in the house when the tragedy actually occurred.

(3.) P .W. 1 returned from the shandi that evening, and learnt of the tragedy. The other daughter, Chintamani, was also missing, and her dead body was taken out of the well only the next day, when it floated to the surface. The first report given by P.W. 1(Exhibit P -1) was recorded by P.W. 9, the village Headman of Nedumaram Village. Investigation followed upon his yadast. The subsequent facts of investigation are not of great importance in this case. But the evidence clearly proves that all the three children died of asphyxia due to drowning, and this is spoken to by Dr. Barkathullah (P.W. 4), the Civil Assistant Surgeon at Tiruppattur, who held the autopsies.