Post mortem report and circumstantial evidence supporting case of prosecution.

D. Murugesan, J.

The appellants are A-1 and A-2 in S.C.No.65 of 2005 on the file of the learned Additional District Sessions Judge, Fast Track Court, Namakkal. They were found guilty for the offence 302 r/w 109 I.P.C. and sentenced to undergo life imprisonment and to pay a fine of Rs.1,000/- each in default to undergo simple imprisonment for two months each. They were also convicted for the offence under Section 201 I.P.C. and sentenced to undergo rigorous imprisonment for two years each and to pay a fine of Rs.500/- each in default to undergo simple imprisonment for one month each. Hence they are before this Court by way of the present appeal. (The appellants herein after referred to as accused)

2. The accused were put on trial on the following facts:

a) Both the accused are wife and husband. The accused have two female children already. On 18. 2001 A1 gave birth a third female child. As the accused were not in a poison to maintain the family, particularly already they had two female children, they decided to kill the third female child. Hence, on the same day evening A-2 the husband brought (ERUKKAM MILK) Madar Poison and A-1 Administered the same to the child. Immediately the child died and both the accused buried the child near their house. On 20.8.2001 at about 5.00 p.m. P.W.2 by name Subramanian, who was working as an Assistant in the Village Administrative Office, Chenbagamadevi, came to know that both the accused had buried the child without intimating the same to the Village Administrative Officer. Therefore, he informed the same to the P.W.1, the Village Administrative Officer, who along with P.W.2 lodged complaint at about 9.00 p.m. on 20.8.2001 to the Mallasamuthram Police Station. The complaint was registered by P.W.11, the Sub-Inspector of Police in Cr.No.221 of 2001 under Section 174 of Cr.P.C. under Ex.P.12, F.I.R. Thereafter, P.W.11 forwarded the copy of the F.I.R. to the Tahsildar for further enquiry. P.W.11 also sent a copy of the F.I.R. to P.W.12, the Inspector of Police of the same police station for investigation. P.W.12 took up the investigation and sent intimation (Ex.P.13) to P.W.7 the Tahsildar, Tiruchengode to exhume the body as the child was buried without intimation to the Village Administrative Officer. On receipt of the intimation P.W.1 came to the place where the deceased child was buried and exhumed the body of the deceased child and conducted the Inquest in the presence of the witnesses and prepared the Inquest Report Ex.P.6. The Post Mortem was also conducted on the same place where the deceased child was buried, by P.W.9. P.W.9 found the following appearances on the body of the deceased at the Post-Mortem:

Body of a full term female body wrapped in clothes exhumed from about 1 ½ feet pit near a coconut tree and bathroom in the vicinity of the house.

Length of body about 48 cms.

Head circumference could not be ascertained.

Body in advanced stage of putrification. Sex could not be identified by the appearance of genitals - female. No obvious external injuries. Hyoid cartilage could not be identified (due to decomposition)Brain matter liquified and skull bone scrambled.

Stomach, liver, kidney & Lungs /- identified with difficulty and sent for Forensic Examination.

b) P.W.9 sent the samples taken from stomach, lungs, liver, kidney and preservative to the Forensic Expert. P.W.10, the Forensic Expert, detected toxic principles of madar in liver and issued certificate Ex.P.9. After receiving the Forensic report (Ex.P.9), he finally opined that the deceased should appear to have died 7 - 10 days prior to Autopsy due to Madar Poisoning. Thereafter, the further investigation was taken up by the subsequent Inspector. He altered the offence into 302 and 201 I.P.C. from 174 Cr.P.C. and sent the altered report to the Court, examined the witnesses, recorded their statements. The accused were surrendered before the Sessions Court, Namakkal. The Investigation Officer, after completed his investiga