Latchmakka case

 Latchmakka case

This appeal relates to the case of one Latchmakka, a women of 30, who has been sentenced to death for the murder of her new born infant.

Latchmakka had left her husband two years ago. At the time of the crime, she was living in a house two doors from his. 

Her husband’s mother, PW3, is the only material witness in the case. She says that on the morning, Latchmakka delivered a baby in her house and found sitting leaning against a wall and the newly delivered child lying on the ground dead. 

PW3 then took the child out, buried it and having obtained assistance, she attended to Latchmakka and tidied up the house and went away.

Latchmakka was charged for murder of her new born infant. The Sessions Court found that the mother throttled the child and sentenced to death.

We do not find sufficient proof in the case either that the child died of homicidal violence or that the mother intentionally caused its death.

The Assistant Surgeon who examined the body of the infant, was of the opinion that from the condition of the internal organs of that infant, that death was due to asphyxia. He also found on the front of the neck a bruise 2 ½ inches long by one inch wide. Based on the date, he gave it as his opinion that asphyxia was probably due to throttling.

The admitted facts are: Latchmakka was alone without assistance when the child was born. The mark on the neck of the infant may have been caused by an accident at the time of birth or shortly thereafter.

The evidence of PW3 is that when she first saw the appellant (Latchmakka) she was in a very weak and helpless condition and it is very difficult to believe that she would have had the energy or the will to kill her child.

The Advocate for the appellant has also pointed out that there is no conclusive evidence that the child was born alive. The Asst. Surgeon bases his opinion that the child was born alive on the fact that the lungs on suction floated in water. 

Taylor’s Medical Jurisprudence (9th Edn) pointed out that this is not an infallible test of live birth and that a child may breath while its head is in the vagina, either during a presentation of the head or of the breach. The learned authors say this is not very uncommon and must be set down as a possible occurance. 

Therefore the probabilities in fact are in favour of the appellant and it is hard to believe that the appellant killed her child; and there is no extenuating circumstances to convict her. 

In the result, the Madras High Court set aside the conviction and sentence and direct the appellant to be set at liberty.

**