V AMBI Vs. STATE OF KERALA

JUDGEMENT

(1.) THE appellant has been convicted Under Section 302 IPC for having caused the death of his wife by cutting her with a chopper at about 1230 p. m. , on 4-1-60 and has been sentenced to rigorous imprisonment for life, He was funnel not guilty and acquitted of the offence Under Section 326, I. P. C-, for having caused grievous hurt to his mother by cutting her with a chopper.

(2.) THE prosecution case briefly is this.-The accused was for some time employe J in Bombay. Then he came back to his native village and married the deceased Narayani Animal, daughter of Pw. 11 in January 1959. The accused, his mother Pw. 1, his sister Fappamnvii Pw. 2 and his wife were living together in his house in Tharur village. After the marriage Pw. 2 had gone to 'ernakulam and was staying with another brother of hers who was employed there, In November 1959, Pw. 1 went to Ernakulam to her son and while she was returning she brought back Pappamma] with her. While Pw. 1 was away the accused and his wife alone were , living in the house. The accused then began to illtreat and beat his wife. Pw. 4 who, is a maid-servant in the house, informed their neighbour Pw. 3 Janafci Animal and under instructions from her she sent her husband to the house of the deceased. The husband informed Pw. 11 the mother of the deceased She sent her relation Pw. 12 to the house of the accused to bring back her daughter. Pw. 12'accordingly went and took the deceased to her house. When Pws. 1 and 2' returned from Ernakulam they did not find the deceased in the house. The husband of the elder sisler of Pw. 2 was then sent to the house of Pw. 11 and the deceased was brought back to the accused's house.

(3.) ON the date of the incident on 4-1-60, the accused had gone to Alathur to purchase some medicine for his ailing mother. He returned with the medicine and the mother asked him to change his clothes and take his food. The accused went to the kitchen and "the deceased served him food. Pw. 2 the sister then heard exchange of words between the accused and the deceased from the kitchen. The accused asked the deceased 'whom are you looking at and with whom were you talking*. The deceased said she did n t look or talk to anybody. Pw. 2 then told the accused that he should not talk to her in that strain as she was not a woman of that type. The accused then told Pw. '2 that it was none of her business to interfere when he was questioning his wife. Pw. 1 hearing the conversation came to the kitchen and advised Pw. 2 to go away. While Pw. 2 was going the accused followed her and beat her with his shoe. Pw. 3 saw the beating and took Pw. 2 to the verandah of hir house.