KARAKKATTU MUHAMMED BASHEER Vs. STATE OF KERALA

JUDGEMENT

(1.) This Appeal is preferred against the judgment and order dtd. 18/10/1996 passed by the High Court of Kerala at Ernakulam (hereinafter referred to as "the impugned judgment"), upholding the order of conviction and sentence passed by the Sessions Court, of the Appellant/Accused No. 01 under Ss. 302 and 201 of IPC for the murder of one Gouri during the night of 16th-17/8/1989, at the house of Accused No. 02. The sentence included life imprisonment under Sec. 302 and seven years of rigorous imprisonment under Sec. 201 of IPC. The Accused No. 02 was found guilty under Sec. 201 of IPC receiving a sentence of four year rigorous imprisonment. Against the order of conviction and sentence, two separate appeals were preferred by the Appellant-Accused No. 01 and Accused No. 02. These appeals came to be dismissed by the impugned judgment, upholding the conviction and sentence of both the accused/appellants therein. However, the present Appeal is preferred by Accused No. 01 only.

(2.) The story as made out by the prosecution is that the body of a woman was discovered in a paddy field by PW1-V.T. Manikandan, while he was going for work in the morning of 17/8/1989. He informed the police, and based on his statement, PW38-C.P. Vijayamani, a Sub Inspector, registered a case of unnatural death at the Parappanangadi Police Station. This witness visited the scene, took photographs, and collected fingerprints. The postmortem examination was conducted by PW33- Dr. M. Kunjukrishnan, on 18/8/1989, at 10:30 AM. He reported finding six antemortem injuries on the left side of the head fractured into multiple fragments, as well as abraded contusions on the right wrist and left knee. Injuries on the head were determined to be sufficient to cause death under ordinary circumstances and could have been inflicted with a weapon such as a coconut scraper (MO-20). According to the medical expert, the time of occurrence of death was approximately 30 to 35 hours before the postmortem examination. PW2-V.T Lakshmi and PW3-V.T Ambika, mother and sister of deceased with some local people identified the dead body of Gouri. The case was investigated by PW39- K.V Satheesan, who submitted the final report against the Appellant and Accused No. 02.

(3.) To prove the guilt of the accused, prosecution proceeded to establish motive for the murder by asserting that there was illicit relationship between the Appellant and Accused No. 02. This relationship had developed for the reason that the husband of Accused No. 02 was living abroad, leaving her to reside alone with her two children, which lead to the two accused coming close. The deceased, Gouri, was related to Accused No. 02 and since this accused was living alone, the deceased would frequently visit her house and even stayed there overnight.