The allegation against the mother who preferred the appeal was that she administered sleeping pills to her unsuspecting child, and while he was dozing, slit his left wrist with a razor blade and subsequently smothered him with a towel.
Later, the accused supposedly consumed poison and with the very same razor blade, slit the vein on her right hand with the intention of committing suicide.
A statement allegedly given by the accused to the doctors who treated her was heavily relied upon by the trial court that found her guilty of the offences charged under Sections 302 (murder) and 309 (attempt to commit suicide) of the Indian Penal Code, and sentenced her accordingly.
Advocate PK Varghese appearing for the accused, argued that the reliance placed on the alleged dying declaration is impermissible in law.
The counsel attacked the manner in which the trial court invoked the power under Section 311, because when the case was posted for judgment it was reopened and summons issued to two witnesses.
Senior Government Pleader S Ambikadevi argued that the declaration is not a confession under Section 164, but still has relevance under the Evidence Act.
Source: Barandbench
