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2023 Supreme(SC) 149

DINESH MAHESHWARI, BELA M. TRIVEDI
Vahitha – Appellant
Versus
State of Tamil Nadu – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Chanchal Kumar Ganguli, AOR Ms. Simran Singh, Adv.
For the Respondent(s): Dr. Joseph Aristotle S., AOR Mr. Shobhit Dwivedi, Adv. Ms. Vaidehi Rastogi, Adv.

JUDGMENT :

DINESH MAHESHWARI, J.

1. This appeal by special leave is directed against the judgment and order dated 09.03.2010 in Criminal Appeal No. 1 of 2010, whereby the High Court of Judicature at Madras has dismissed the appeal against the judgment of conviction and order of sentence dated 15.10.2009, as passed by the Sessions Judge, Mahila Court, Perambalur in Sessions Case No. 9 of 2008, holding the appellant guilty of the offence punishable under Section 302 of the Indian Penal Code, 18601 [‘IPC’ for short] and awarding her the punishment of imprisonment for life and fine of Rs. 2,000/- with default stipulations.

2. In a brief outline, it could be noticed that in this case, the appellant has been convicted of the offence of murder of her five-year-old child in the house of her mother-in-law at Perambalur in the morning of 21.06.2007. According to the prosecution case, the appellant’s husband was living abroad for earning livelihood and the appellant was mostly living with her father at Kolakkudi. However, on being forced to live with her mother-in-law for the purpose of upbringing and education of the child, she found the child to be an obstacle in her desire to live separate an


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