STATE OF KERALA Vs. BAHULEYAN

JUDGEMENT

(1.) While allowing this Appeal by Special Leave by the State of Kerala and restoring the conviction awarded to the respondent by the Sessions Judge under S. 302 of the Penal Code and sentencing him to undergo imprisonment for life, we have, in our Judgment dated July 31, 1986, stated that the reasons will follow and accordingly we are giving the reasons for allowing the appeal against acquittal by the State.

(2.) The respondent-accused was charged under S. 302 of the Penal Code for having committed the murder of his wife Sulochana on the night of August 24, 1975, when she was sleeping in the house, by cutting her neck with a knife (M.O. 1). The occurrence was witnessed by the 13 year old daughter of the accused (P. W. 1) and a servant maid by name Omana (P. W. 2). The murder was committed because Sulochana was proving to be a stumbling block to the accused marrying P. W. 2 as his second wife and would not give her consent. The prosecution had examined P. Ws. 1 and 2 who had actually seen the commission of the murder and some of the neighbours viz. Karthyayani (P. W. 3), Mathew (P. W. 4) and Pavithran (P. W. 9) who had come out of their houses on hearing the commotion and seeing the accused washing his hands and dressing himself up and going to the house of one Peethambaran Master for seeking his advice regarding his future course of action. Within a few minutes P. W. 4 gave information through telephone to the Cochin Cusba Police Station about the murder of Sulochana. On receipt of the phone message P. W. 15 Sub-Inspector of Police came to the scene house and recorded a statement Exhibit P1 from PW. 1, P. W. 16, the Deputy Superintendent of Police took over the investigation of the case, arrested the accused, held inquest over the dead body of Sulochana and seized bloodstained knife M.O. 1 as well as the bloodstained clothes of the deceased and the frozen blood found on the flooring.

(3.) The accused admitted his presence as well as that of PWs. 1 and 2 in the house on the night of the murder but contended that he had not wanted to marry P. W. 2 or quarelled with his wife or cut her neck with a knife.