VidhiSangh

Supreme Court of India · 22/02/2023

VAHITHA versus STATE OF TAMIL NADU

[2023] 3 S.C.R. 942 · 2023 INSC 151

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Summary

A mother was convicted under Section 302 IPC of strangling her five-year-old daughter with her saree at her mother-in-law's house in Perambalur on 21.06.2007, the trial court and the Madras High Court rejecting a plea of alibi supported only by her father. The Supreme Court dismissed her appeal: concurrent findings are not reappreciated in an appeal by special leave; discrepancies between the mother-in-law's complaint and deposition were normal for a 65-year-old witness deposing a year later; two independent neighbours saw the appellant beside the body and she was arrested the same day; her silence under Section 313 CrPC when last seen with the child attracted Section 106 of the Evidence Act; and a morning quarrel was no grave and sudden provocation.

Issues

  1. Whether concurrent findings convicting the appellant of murdering her child on circumstantial evidence could be disturbed in an appeal by special leave on account of discrepancies in the prosecution witnesses' versions and a plea of alibi.
  2. Whether the failure of the appellant, last seen alone with the child, to offer any explanation in her examination under Section 313 CrPC attracted the burden under Section 106 of the Evidence Act.
  3. Whether a quarrel with the mother-in-law that morning reduced the offence to culpable homicide not amounting to murder.

Provisions considered

Held

Result

Criminal Appeal No. 762 of 2012 dismissed; conviction under Section 302 IPC and sentence of imprisonment for life with fine of Rs. 2,000 imposed by the Sessions Judge, Mahila Court, Perambalur on 15.10.2009 in Sessions Case No. 9 of 2008, as affirmed by the Madras High Court on 09.03.2010 in Criminal Appeal No. 1 of 2010, upheld.

Judgment PDF: Supreme Court of India, [2023] 3 S.C.R. 942.