MADURAI
Madurai Bench of Madras High Court, while taking into consideration the vulnerability of children whose parent had killed the other, on Monday constituted a committee in each of the central and special prisons in the State to find out rehabilitation measures taken for such children.
A division bench of Justices S. Vimala and T. Krishnavalli constituted the committee in each of the eight central prisons and four special prisons for women and directed them to collect information, particularly on life convicts, and submit a report on March 26. It directed the Principal Secretary, Home (Prison), to bear the expenses of the committees.
The court observed that the children, particularly those who were below 18 years of age, were vulnerable and in situations where one spouse killed another, the mental agony and psychological imbalance were incalculable. They required moral, physical, financial, emotional and psychological support from society.
The court was hearing the case of Subbiah of Thoothukudi, who had appealed against the life sentence imposed by the Mahila Fast Track Court, Thoothukudi, which had found him guilty of murdering his wife.
The Bench, however, partly allowed the appellant’s plea and set aside the sentence imposed under Section 302 (murder) of the Indian Penal Code and found him guilty under Section 498A (cruelty). The court took notice of the fact that the dying declaration of the deceased was produced before the lower court after filing the final report, making the dying declaration unreliable.
As the appellant had already served two and a half years in custody, thereby serving his term, he was set at liberty. The court also praised the Mahila Fast Track Court for being sensitive enough to refer the children of the appellant and the deceased to the Child Welfare Committee.
