VELAYUDHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE appellant has been convicted by the Sessions Judge of Kottayam under S.302 of the Indian Penal Code for having committed on 14 -3 -59,the murder of his daughter aged only 60 days by intentionally or knowingly causing the death of the child by striking her head on the forehead of his wife Sarada and also under S.323,I.P.C.for having caused hurt to Sarada.For the offence of murder the appellant has been sentenced to rigorous imprisonment for life and under S.323,I.P.C.he has been sentenced to rigorus imprisonment for 3 months.

(2.) THE facts of the case are as follows: The appellant is the husband of Sarada PW 1.He married her about 3 years ago.They were living together and they had a child Santhamma by name which was aged only 60 days on the date of the occurrence.PW 3 is the father of PW 1.The accused and his wife had been invited for the pula adiyanthiram of the paternal uncle of PW 3.The function was to be held on 14 -3 -59 at Keezhampara,a place about 10 miles from Nellianikunnel house,where PW 3 lives.The accused and PW 1 had promised to reach PW 3 's house on the morning 13 -3 -59,but they reached there only late.By that time PW 3 and his wife had already left for Keezhampara.So the accused and PW 1 stayed in PW 3 's house for the night.Next day in the afternoon the accused asked his wife,PW 1 to give him five annas for drinking toddy.PW 1 refused to give money.The accused probably got wild and pinched PW 1 's ear and later took a long stick (Malayalam) and pulled the hair of PW 1 with the hook on it.PW 2 the sister inlaw of PW 1 who was present there interceded and removed the thotti from PW 1 's hair.PW 1 had her child in her lap at that time.The accused then went inside the house and changed the clothes and asked PW 1 to accompany him to go to his house.PW 1 said that she would wait for the return of the parents.The accused insisted that she must start at once.PW 1 said that if the accused wanted he may go,but she would return only the next day morning.Suddenly the accused snatched the child from her and started walking through the pathway.PW 1 remonstrated and went and stood in front of the accused and obstructed from proceeding and told the accused that she would bring the child the next morning.On seeing this,the accused suddenly caught the child with its two legs and beat the head of the child on the forehead of PW 1.PW 1 fell down and then the accused threw the child by the side of PW 1 and left the place.It was then 6 p.m.PW 2 removed the child to the verandah of the house,but the child died immediately.There was nobody else in the house.PW 2 's husband had gone:to Keezhampara that day and the younger sisters of P.W.1 had gone to some house 2 or 3 furlongs away for delivering the washed clothes,and they returned at about dusk time.There were no houses in the neighbourhood and PWs 1 and 2 did not inform anybody that night.

(3.) THE plea of the accused is one of denial.What he stated in Ext.P12,his statement in the committing Magistrate 's court was (Malayalam) He did not say anything else.In the Sessions Court he admitted that he had gone with his wife and child to PW 3 's house,that he took the child from PW 1 and was proceeding with the child when PW 1 came and obstructed and caught hold of the child.He then says that he did not leave the child,that both of them pulled the child this side and that side and when he left off his hold,PW 1 and the child fell down on the ground and the child died.The accused stated that PW 1 then cried out and PW 3 and his son came running with a knife and so he ran away apprehending danger to himself.