KULANDAI AMMAL Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Kulandai Ammal, the unfortunate mother was convicted in S.C. No. 59/ 88 on the file of the Court of Sessions. Coimbatore for the offences under Section 302 I.P.C. (3 Counts) and 309 I.P.C. for having committed the murder of her own three children and attempted to commit suicide by throwing herself into the River Bhavani near Alancombu due to poverty and ill-treatment meted out to her by her drunkard husband.

(2.) The brief facts are as follows: The appellant. Kulandai Ammal is the wife of one Palanisamy residing at Kallipalayam. They belonged to Dhola community. They got three children namely, Rajammal aged about 8 years, Sudha aged about 3 years and Bhuvaneshwari aged about 8 months. The husband of the appellant being a drankard often used to beat her and did not used to pay any amount for the household expenses. Though she was able to bear this suffering at the hands of her husband, for some years on 15-12-1987 night, she took a decision to go to Bhavani river for committing suicide. She also thought that it is better to kill her children also, so that they may not lead a suffering life at the hands of her husband in future. On 16-12-1987, the appellant left her village at 11 am along with her children and reached Alancompu by about 12 noon. On reaching the river bank, the appellant began to throw her, children one after another into the running stream of Bhavani river. Thereafter, she herself jumped into the river. P.W. 6, Govindaraj who is working as an agricultural coolie in the garden belonging to one Narayanan Chettiar at Alancombu happened to witness this unfortunate incident. Immediately. P.W. 6 ran to the office of P.W. 1, the village Administrative Officer and informed him about the incident. It was about 12.30 pm. P.W. 1 rushed to the scene of occurrence along with P.W. 2 and P.W. 3. P.Ws. 2 and 3 jumped into the river and brought the appellant alive to the river bank. Out of the three children. P.Ws. 2 and 3 were able to recover only two dead bodies of Rajammal and Sudha. After first aid was given to the appellant, in a few minutes, she regained her consciousness. Then. P.W.1 obtained her confession statement. Ex. P-1. She had stated in that statement that she wanted to commit suicide unable to bear the torture given by her husband in a drunken mood and due to abject poverty. After recording- the same. P.W.1 sent the village Thalayari P.W. 8 along with Ex. P-1 statement and Ex. P-2, his report to the Sirumugai Police Station. The appellant also was sent along with him. At 2.45 p.m. P.W. 9, the Sub Inspector of Police registered the case on receipt of these documents in Crime. No. 11/87. The printed F.I.R. is Ex. P-10. Thereafter, these documents were forwarded to the Judicial Magistrate. Mettupalayam and to the higher officials. At 4 pm. P.W.9 the Inspector of Police received the F.I.R. and reached the scene village at 4.20 p.m. By that time P.W. 9 the Sub Inspector reached the village.

(3.) P.W. 11, the Investigating Officer prepared the observation Mahazar and the sketch. He conducted inquest on the dead bodies of Rajammal and Sudha. The inquest reports are Exs. P-3 and P-4 respectively, P.W. 1 to 4. P.W. 6 and P.W. 8 were examined during the inquest. Thereafter, he sent the dead bodies for conducting post mortem. In the meantime P.W. 5 the Doctor examined the appellant at 9.30 p.m. on the same day and issued Ex. P-5 the wound certificate. On 17-12-1987, the Doctor; P.W. 5 commenced post mortem over the dead body of Sudha and issued Ex. P-8, the post mortem certificate. At 7.15 a.m. P.W. 5 commenced post mortem on the body of Rajammal and issued Ex. P-9, the post mortem certificate. The Doctor, in both the certificates gave opinion that Rajammal and Sudha died to asphyxia due to drowning. After finishing the investigation. P.W. 11 filed a chargesheet on 11-3-1988.