The appellant, the mother decided to commit suicide with her children, and she bought pesticides and poisoned them. Her niece pushed it down when she was about to consume it herself. She was convicted under sections 302 and 309 of IPC and was sentenced to undergo life imprisonment. The state level committee was rejected by Tamil Nadu considering the brutal and cruel act committed by her. The positive recommendations of the committee were rejected on the ground that she murdered her children for continuing her illicit relationship without any hindrance when she applied for premature release after undergoing the sentence for 20 years. Premature release is the act of adjusting the scale of justice to make law and justice good neighbors. Although it does not serve as an absolute right to all convicts, it is an essential ingredient of correctional justice.
The court, by looking at the factual matrix, noted that the appellant’s circumstances administered her to poison her kids and she was clearly under a state of mental stress. However, the court also observed that it was difficult to bring her act under culpable homicide despite the efforts of her advocate. Her acts won’t be covered under the exceptions of section 300 as the children didn’t give their consent to consume the pesticides. The court noted that she had already served imprisonment for 20 years and her acts cannot be bracketed as brutal and cruel as she was herself going to consume those pesticides but were prevented in the nick of time.
Name:Krishnapriya.P.D, Year:3rd Sem of BBA.LLB, College: Government law college Thrissur
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