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2008 Supreme(Mad) 403

D.MURUGESAN, V.PERIYA KARUPPIAH
Anjala @ Kamatchi & Another – Appellant
Versus
State represented by Inspector of Police, Mallasamuthram Police Station – Respondent


Advocates Appeared:
For the Appellants :S. Ashok Kumar Senior Counsel for A. Sasidharan, Advocate.
For the Respondent: V.R. Balasubramanian, Addl. Public Prosecutor.

Judgment :-

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. Immedia























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