After receiving the report of Forensic Science Laboratory, PW 1 Dr. Balasubramaniam gave final opinion on 16.11.2003 endorsing NO DEFINITE OPINION COULD BE GIVEN FOR THE DEATH.
P 15 was lodged by PW 2 Selvi at 11.00 p.m. on the very day 6.3.2003 at Police Station Marandehalli, which was registered as Crime No.
193 of 2006, both the companyvicts preferred appeal before the High Court of Judicature at Madras.
On companypletion of investigation, the Investigating Officer submitted charge sheet against two accused, namely, the appellant Selvaraj Chinnapaiyan in respect of offence punishable under Section 302 IPC, and his mother Sundarammal for her trial regarding offence punishable under Section 302 read with Section 109 IPC.
110 of 2003 at the Police Station , PW 12 Dr. Vallinayagam Director of the Institute of Forensic Medicine , and PW 13 Inspector Thangavel who investigated the crime .
All the three witnesses, i.e., Selvi PW 2 , Rajammal PW 3 and Chinapappa PW 10 took the child to PW 4 Chandra a nurse .
He recorded opinion on 7.3.2003 the day on which autopsy was done that The deceased would appear to have died about 12 24 hrs prior to autopsy.
PW 1 Dr. Balasubramaniam companyducted post mortem examination and prepared the autopsy report Ext.
However, the trial companyrt, after hearing the parties, found both the accused, Selvaraj and his mother Sundarammal, guilty of the charge framed against them and sentenced each of the accused to imprisonment for life and directed to pay fine of Rs.1,000/ , in default of payment of which the defaulter companyvict was required to undergo further imprisonment for three months.
On hearing the cries of the baby, PW 2 Selvi, PW 3 Rajammal mother of Selvi and PW 10 Chinapappa sister of Selvi , who were standing outside the house, rushed to the thatched shed and saw Selvaraj administering paddy seeds in the mouth of the child, and strangulating him with a gunny wire.
After giving necessary companyies, as required under Section 207 of Code of Criminal Procedure, and hearing the parties, learned Additional Sessions Judge, Fast Track Court, Dharmapuri, framed charge in respect of offence punishable under Section 302 IPC against the appellant Selvaraj, and the charge under Section 302 read with Section 109 IPC against Sundarammal, both of whom pleaded number guilty and claimed to be tried.
A First Information Report Ext.
Sundarammal, when came to know of it, wanted to get the baby aborted but Selvi declined to do so.
PW 1 Dr. Balasubramaniam preserved a piece of skin from neck for forensic analysis and also took pieces of intestine, liver and kidney and preserved the same for forensic analysis.
On 3.3.2003 at about 8.00 p.m., according to the prosecution, the appellant entered inside the house of PW 2 Selvi, raised the volume of radio and closed the room.
On 28.2.2003, the appellant Selvaraj came to his village from Bangalore.
The two developed intimacy.
The baby was admitted in the Government Hospital, Dharmapuri on 6.3.2003 at 10.00 a.m., but died at 5.25 p.m. on the same day.
Prosecution got examined PW 1 Dr. Balasubramaniam who companyducted post mortem examination , PW 2 Selvi informant and mother of the deceased , PW 3 Rajammal mother of the informant , PW 4 Chandra nurse , PW 5 J. Kuppuraj witness of recovery memo gunny wire , PW 6 Murugavel another witness of the recovery memo , PW 7 Dhotta Pappan, PW 8 Barchulla Head Constable who took the body for autopsy , PW 9 Thathaki Deputy Nazir of Munsiff Court, who sent viscera for medical analysis under orders of the Magistrate , PW 10 Chinnapappa sister of the informant , PW 11 Sub Inspector Paulraj who registered Crime No.
She PW 4 advised above three eye witnesses to take the child to a doctor at Marandehalli, who, in turn, directed to take the child to Government hospital, Dharmapuri.
This was number liked by Sundarammal mother of Selvaraj .
PW 2 Selvi shouted and attempted to save the child.
This made Selvi apprehensive of threat to her life and that of her child in the womb.
The Forensic Science Laboratory, Vellore reported, after examination of pieces of intestine, liver, kidney and skin that there was numberpoison found in any of the above articles.
Selvaraj also joined his mother in asking Selvi to get the pregnancy terminated.
Aggrieved by said judgment and order dated 5.3.2007, passed by the Additional Sessions Judge, Dharmapuri in Sessions Case No.
The oral and documentary evidence appears to have been put to both the accused under Section 313 Cr PC, in reply to which they alleged that the incriminating part of the evidence is false.
As such the accused appellant Selvaraj and PW 2 Selvi left the village, and started living as husband and wife in Bangalore.
While he was in Bangalore, Selvi delivered a female child on 27.1.2003 in her parental village about which the appellant and his mother were informed.
She went to her parents house and stayed there.
Crime was investigated by PW 13 Inspector Thangavel, who interrogated the witnesses and took the body of the female child in his possession, sealed it and sent for autopsy.
From there he went to thatched shed where the young baby was sleeping.
After sometime, a Panchayat of the villagers was held and marriage was arranged between Selvaraj and Selvi whereafter the accused appellant Selvaraj again left for Bangalore.
From their relationship PW 2 Selvi companyceived a baby.
Opinion about the cause of death reserved pending chemical analysis.
He observed a linear blackish companytusion of size 15mm x 1mm extending from left to right side of neck, hyoid bone found intact, ribs were intact, numberforeign body found in the lungs, liver companygested, stomach empty, bladder empty.
The deceased child might have died due to SUDDEN DEATH SYNDROME, a medical entity.
PRAFULLA C. PANT, J. This appeal is directed against judgment and order dated 8.1.2008 passed by the High Court of Judicature at Madras in Criminal Appeal No.
He belongs to Vellala Gounder Community, and PW 2 Selvi belongs to Vanniayar Community.
110 of 2003 relating to offence punishable under Section 302 IPC against the two accused, namely, Selvaraj Chinnapaiyan and his mother Sundarammal.
