R RAJENDRAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) Rajendran Nair, the appellant before us, along with his brother-in-law Krishnan Nair was placed on trial before an Additional Sessions Judge of Thiruvanantha-puram to answer charges under Ss. 302 and 201, I.P.C. and Ss. 302/34 and 201/34, I.P.C. respectively. The trial Court convicted them of both the offences and aggrieved thereby they preferred an appeal in the High Court. While acquitting Krishnan Nair, the High Court upheld the convictions of the appellant. Hence this appeal at his instance.

(2.) The appellant married Lalithambika (the deceased) on October 26, 1984 and a daughter Remya was born to them on August 13, 1985. They used to reside in a small house on the northern side of Kozhikodu Lane within the limits of the Thiruvananthapuram Corporation. Krishnan Nair and the parents of the appellant lived in separate houses nearby.

(3.) (a) According to the prosecution case on November 16, 1989 around 8.00 p.m. the appellant slapped the deceased on her cheek and when she sat down on the floor he kicked on her chest, as a result of which she became unconscious. The appellant then went to the house of his parents with his daughter and leaving her behind came back to his house with Krishnan Nair. With his assistance he took his wife to the kitchen and suspended her from the rafter on the ceiling using her saree as the ligature. Thereafter they closed the door and went out only to return a little later. Reaching the house they gave an impression that the door was locked from inside and, accordingly, broke it open. They then, brought the deceased down after untying the saree by which she was hanging and laid her on a cot. Then the appellant along with his mother and brother Prem Kumar (P.W. 9) took the deceased to the General Hospital where Dr. Sharaffuddin (P.W. 14) examined her and declared her dead.