RAJAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Questioning the conviction for an offence punishable under Section 302 of the Indian Penal Code, 1860 (in short, the Code) and sentence of imprisonment for life and fine of Rs. 2,000/- with a default sentence of simple imprisonment for three months, this appeal has been filed by appellant Rajan (hereinafter referred to as accused). Learned Sessions Judge, Thodupuzha found the accused guilty, convicted and sentenced him as aforesaid.

(2.) Filtering out unnecessary details, prosecution case is as follows :

(3.) Fourteen witnesses were examined to further prosecution case. Since there was no eye-witness to the occurrence, circumstantial evidence was pressed into service. The most important circumstance, according to prosecution, was that several persons had been accused and the deceased going together at about 10.30 a.m. on 7-3-1993. Thereafter, deceased was not seen alive and nobody knew about her whereabouts till her dead body was found. PW 1, the informant, identified the saree and blouse worn by deceased at the time of death. Thankavelu (PW 2) is a resident of Marayoor. Deceased was his legally wedded wife. He deserted the deceased on account of her illegitimate relationship with the accused, who was a frequent visitor of their house. He knew that the deceased was missing. Accused and the deceased were living together as husband and wife for about two years. Nainar Muhammed (PW 3) was the landlord of the house where accused and the deceased were staying. They lived in his house for about one week and thereafter on 7-3-1993 at 10.00 a.m., he saw the deceased going in the company of accused. At that time, they were carrying their articles in two bags. Subsequently, he saw the accused at Marayoor town, but deceased was not seen with him. He identified MO 3 as the studs worn by her. Devassy (PW 4) was a resident of Marayoor. On 7-3-1993, he had been accused and the deceased leaving the rented house at 10.00 a.m. He was told by them that they were shifting the residence. They were seen going towards Muthuvankudy through the forest land. Jairaj (PW 5) saw accused and the deceased on 7-3-1993 between 10.00 and 10.30 a.m. going to Muthuvankudy side. At the time of their departure, he was standing in front of his house. Later he saw the accused alone at about 1.00 p.m. at Marayoor. Pressing the last seen theory into service, accused was found guilty.