SUPREME COURT OF INDIA

Before:- S.C. Agrawal, S. Saghir Ahmad and K.T. Thomas, JJ.

Criminal Appeal No. 414 of 1998 (arising out of S.L.P. (Cri.) No. 921 of 1998). D/d. 6.4.1998.

K.E. Thankamani - Appellant

Versus

State of Kerala - Respondent

Criminal Procedure Code, 1973, Section 432 - Criminal Rules of Practices, Kerala (1982), Rule 131 - Infanticide - Sentence Remission - Appellant convicted for murdering her two children - Rule 131 provide directed for making of reference to the state Government - Rule not noticed either by Sessions Judge or by High Court - Government directed to consider the matter of remission.

[Paras 2 and 3]

JUDGMENT

Special leave granted.

2. The appellant has been convicted for the offence under Section 302 Indian Penal Code for having committed the murder of her two children by throwing them in well. The case of the prosecution is that the appellant herself jumped in the well and subsequently she survived. The learned counsel for the appellant has invited our attention to Rule 131 of the Criminal Rules of Practice, Kerala, 1982 which reads as follows :

"Reference to Government in case of infanticide : In all cases where women are convicted for the murder of their infant children, a reference shall be made through the High Court to the Government with an expression by the Sessions Judge of his opinion as to the propriety or otherwise of reducing the sentence, every such reference shall be accompanied by copies of the material papers of the record."

3. It appears that the said Rule was not notice by the Sessions Judge or by the High Court. Having regard to the provision contained in the aforesaid Rule we dispose of the appeal with the recommendation to the Government to consider the matter of remission of sentence of the appellant keeping in view the facts and circumstances of the case.

Order accordingly.