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2010 Supreme(Online)(KER) 21160

HIGH COURT OF KERALA
K.BALAKRISHNAN NAIR, P.BHAVADASAN, JJ
RAJANI – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
SRI.P.VIJAYA BHANU, SRI.P.M.RAFIQ

JUDGMENT

Bhavadasan, J, The appellant, accused, who was prosecuted for the offences punishable under Sections 302, 307 and 309 Indian Penal Code were found guilty of all the offences. She was therefore convicted and sentenced to suffer imprisonment for life for the offence punishable under Section 302 IPC. She was also sentenced to suffer rigorous imprisonment for three years for the offence punishable under Section 307 IPC and also sentenced to suffer simple imprisonment for six moths for the offence punishable under Section 309 IPC. The sentences were directed to run concurrently.

2. The accused, who was an orphan, was married by P.W.2. They had three children aged four and a half years, two and a half years and three months respectively. The prosecution allegation is that the children were suffering from continuous illness and that had worried the mother. Unable to put up with the trauma, the prosecution would say that she administered poison to two of her children and consumed poison herself. Except her younger child, who was only two and a half years at the relevant time, the appellant and her daughter survived. P.W.1, who had come to know about the incident had occasion to take

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