ATTAM TULASI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This is an application filed by the petitioner, Smt. Attam Tulasi, represented by her mother, Smt. Attam Komaramma. The petitioner has been arrested on 19-11-1987 and lodged in Central Jail, Rajahmundry, she having been convicted for the offence of murder committed by her at the age of 17 years 7 months.

(2.) The petitioner prays for the issue of a writ of mandamus declaring her arrest as illegal and unjust and the sentence of life imprisonment imposed on her as being unsustainable and violative of Art. 21 of the Constitution with a further consequential direction to release her forthwith from the Central Jail, Rajahmundry.

(3.) The facts of the case are that the petitioner, Smt. Attam Tulasi, was working as a Preliminary Training Nurse in K.G. Hospital, Visakhapatnam during 1965. While she was working there, she was charged with the murder of a newly born baby to her on 17-9-1965, punishable under S. 302 of the I.P.C. Along with the petitioner, another girl, by name Chada Satyavati, was also charged with the same offence. The Sessions Court, Visakhapatnam, acquitted both the accused vide its judgment dt. 11-2-1966 in S.C. 52/65. The State went in appeal to the High Court in Cr.A. No. 655 of 1966. A Division Bench of the High Court, relying on circumstantial evidence, convicted the petitioner Smt. Attam Tulasi, who was accused No. 1, and sentenced her to undergo imprisonment for life while acquitting accused No. 2 Chada Satyavati.