RAJALANA SAMBALAXMI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The Judgment in S.O. No. 285 of 1992 on the file of the learned Sessions Judge, Ranga Reddy District at Saroornagar, dated 26-11-1993 convicting the appellant under Sections 304 Part-1, 308 and 309 of the Indian Penal Code and sentencing her to simple imprisonment for a period of 5 years on the first charge, one year on the second charge and 3 months on the third charge is challenged in this appeal.

(2.) The facts leading to this appeal are that the appellant is the wife of PW1 R. Krishna Reddy. They were blessed with two sons viz., Veera Reddy, who met with an unfortunate death and Venkat Reddy, who survived. It is alleged that the appellant had thrown her six year old son Veera Reddy into the nearby public well on 8-12-1991 at about 6 p.m. and then she herself jumped into that well carrying second Venkat Reddy, aged 4 years with her. PW1 rushed to his neighbour PW2 A. Dasarath and informed him about the same and both of them rushed to the well and rescued the appellant and the second child while the first child drowned himself and he breathed his last after being brought out from the well. A case in Crime No. 13 of 1991 was registered under Sections 302, 307 and 309 IPC against the appellant by P.S. Nacharam on the report of PW5 B. Ashok Goud, Municipal Councallor of Kapra Municipality. PW6 P. Ram Reddy, Inspector of Police, conducted inquest over the dead body of the deceased-child in the presence of PW3 M. Ramulu, and another and PW4 Dr. K. Sudhakar Reddy, Civil Surgeon, Gandhi Medical College conducted autopsy and opined that the deceased died due to Asphyxia by drowning.

(3.) The learned Sessions Judge framed 3 charges against the appellant as already indicated above. She pleaded not guilty and claimed to be tried. The prosecution examined PWs.l to 6 and got Rx. PI to P7 marked.