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IN THE HIGH COURT OF KERALA AT ERNAKULAM
RAJA VIJAYARAGHAVAN V, P. V. BALAKRISHNAN, JJ
SHARANYA AGED 27 YEARS W/O.NIJO, KUDILIL HOUSE, THEKKUMKARA VILLAGE AND DESOM, THRISSUR DISTRICT. – Appellant
Versus
STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. – Respondent
| Table of Content |
|---|
| 1. nature of the accusation against the appellant. (Para 1 , 2 , 3) |
| 2. arguments presented by both the appellant and the respondent. (Para 4 , 5) |
| 3. court's interpretation and discussion of section 115 of the mental healthcare act. (Para 6 , 7 , 8 , 9 , 10) |
| 4. final conclusions regarding the applicability of section 115 and its implications. (Para 11) |
JUDGMENT
P.V.BALAKRISHNAN,J This appeal is filed by the sole accused in SC No. 460/2011 on the files of the Additional Sessions Court-IV, Thrissur, challenging her conviction and sentence imposed under Sections
302 & 309 IPC by that court.
2. The prosecution case is that, due to some mental agony, which arose out of the marital life of the accused, on 1/12/2010 at about 10 pm the accused committed murder of her son by name Sreehari aged about 3¾ months by smothering him using her hands and thereafter attempted to commit suicide by inflicting cut injuries on her body, by using a steel blade. Hence, the prosecution alleged that the accused has committed the offences punishable under Sections 302 and
309 of IPC .
3. On filing of the final report, cognizance of the offences was taken by the Sessions Court on 12/7/2011 and the
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