ANIL KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is filed by the accused in S.C. No. 400 of 2004 on the file of the Additional Sessions Court (Fast Track Court - III), Pathanamthitta. That was a case charge sheeted by the Circle Inspector of Police, Vadasserikkara against the accused under Sections 302 and 201 of I.P.C.

(2.) The prosecution case is briefly as follows. The accused had illicit connection with Salamma, the wife of deceased Jose, for about two years and during that period deceased Jose was staying away from his house in connection with his employment in a tea shop and he used to come his house once in a week or once in two months. After two years deceased Jose abandoned his job and started to reside in his house so that the accused could not continue his illicit relationship with Salamma. Due to this, hatred developed in the mind of the accused. Due to this enmity towards Jose, with the intention to murder him, the accused invited him for a drink and took Jose from his house on 23.11.2001 at 7.30 p.m. to the nearby rubber plantation, which was uninhabited. It is alleged that after giving liquor to the deceased, the accused broke the bottle and inflicted stab injuries on various parts of his body and Jose succumbed to the injuries. Thereafter the accused dragged the dead body of Jose and placed it in a pit which was about 25 meters south to the alleged place of occurrence and the accused covered the body with soil by using MO1 iron rod.

(3.) On 24.11.2001 at about 8 a.m. the nearby residents found blood in the rubber estate of Ramakrishnan and blood trails from the said rubber estate leading to the pit situated in Ambattu Ravi's property. Mistaking the blood to be that of wild pig they removed the soil, whereupon the body of deceased Jose was seen by them.