THANKAPPAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS appeal is against the conviction for murder passed by the Sessions Judge of Trivandrum in Sessions Case No.13/59.

(2.) THE charge against the appellant was that he committed the murder of a 7 months old male child by name Baby by drowning the child into the water in Killiyar river in Trivandrum.P,W.6,Ponnu Pankajakshi is the mother of the child.Her husband Narayanan died 8 months before the birth of the deceased child.Narayanan was ill and bedridden for about 3 years before his death.P.W.8 aged 14 is her eldest child.Some time before the birth of the deceased,the accused started having illicit intimacy with P.W.6 and as a result of which the deceased child was born.The accused is an Ezhava and P.W.6 is a Nadar lady.Accused wanted to marry a girl in his own caste and expressed his desire to P.W.6.P.W.6 was not amenable.She protested and threatened that she would take the child to his house and leave it there.A few days before the incident,two of her children were ill and were inpatients in Ramakrishna Mission Hospital at Sasthamangalam.On 22 -1 -59 at about 8 p.m .,P.W.6 was proceeding to the hospital with her child Baby accompanied by her eldest child P.W.8.When they reached near the first pipe at Sasthamangalam Maruthankuzhi road,the accused came on a cycle,suddenly got down from the cycle and snatched away the child from P.W.6 and rode away with the child.P.W.6 demanded the return of the child and followed him.

(3.) ON 24 -1 -59 at about 9 -30 a.m .,P.W.6 reported the matter to the Cantonment Police Station.The Sub -Inspector of Police,P.W.16 made an entry Ext.P.8 in the general diary of the police station.A police constable was deputed to make enquiries,but no information was received.Next day P.W.6 again went to the house of the accused.On reaching near the house,she was informed that the dead body of her child was seen in the river.She at once rushed to the spot and identified the corpse as that of her child.