Uncertain medical evidence and unreliable testimony lead to the acquittal in a murder case concerning alleged strangulation of a newborn.

1. The accused Veeral alias Kanal was tried by the learned Sessions Judge of Coimbatore for an offence under S.302 of the Indian Penal Code in that on 9th September 1968 at about 3 A.M. at Vellaikinar, she committed the murder of her new - born female child by strangulation with the umbilical cord. The learned Judge found the accused guilty of the charge and sentenced her to undergo rigorous imprisonment for life. In the circumstances of the case, the learned Judge has also made a recommendation to the Government for reduction of the sentence of imprisonment for life to one of rigorous imprisonment for a period not exceeding two years.

2. The accused was married to one Chinnan of Vellaikinar village. They had a son, Palaniswamy. Chinnan died about ten years ago. After her husband's death, the accused left Vellaikinar, and went away somewhere, but she came back to Vellaikinar about four months prior to the occurrence. On the request of the accused, P.W. 1 Deival who has a house in the Harijan colony permitted her to live with P.W. 2 K. Chinnal and her daughter in a vacant shed belonging to P.W. 1 which is immediately north of the house of P.W. 1. Sometime before the occurrence, P.W. 1 came to know that the accused was pregnant. On the day prior to the occurrence, P.W. 1 met the accused and told her that she (P.W. 1) had heard that the accused was likely to cause miscarriage of her conception. The accused protested and stated that she was not of immoral character and that she would not cause any miscarriage, but would go to a hospital and have her delivery attended to.

3. According to P.W. 2, on the date of the occurrence, P.W. 2, and her daughter took their bed on the pial while the accused slept inside the shed. About first cock - crowing time, the accused woke up P.W. 2, saying that she wanted to answer calls of nature and asked P.W. 2. to accompany her. P.W. 2 and the accused proceeded towards the kuttai which is on the south west. On the way, they saw P.W. 4, Muthan, coming in the opposite direction. When questioned by P.W. 4 as to where they were going, the accused stated that she was going to the tank for easing. Then the accused went near the slope of the tank. A few minutes thereafter, she stated that she was going to deliver a child. P.W. 2, was standing, a few feet away. A minute or two later, the accused delivered a child and the child gave out a cry. The accused then snapped the umbilical cord, put it round the child's neck and tightened it. Then there was no noise of the child. P.W. 2 protested at the behaviour of the accused. The accused knotted the umbilical cord round the child's neck. She then said that the child had died, and requested that P.W. 2 may keep silent over the whole matter. The accused then dug a small pit on the tank slope and placed the child in that pit. She covered the child with the blouse M.O. 1, belonging to the daughter of P.W. 2. A little while thereafter, the accused passed placenta and that was also put into the pit. The accused then covered the pit with mud; at the request of the accused P.W. 2 led her back to her house, and afterwards P.W. 2 went for her work.

4. At about 7 A.M. on 9-9-1968, P.W. 5 Palanal, a girl aged about 13 years, was returning home from Karuppan Thottam belonging to one Krishnaswamy Goundar after picking flowers. When she passed the Kuttai near the burial ground, she saw the dead body of a female child on the sloping bund of the tank. She ran to the village and informed several people, including P.W. 1, Deival