VAISAKH Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant is the accused in S.C No 76/2010 on the file of Additional Sessions Court-I, Thiruvananthapuram. He stands convicted for the offences punishable under Sections 449, 302 and 309 of the Indian Penal Code (IPC). The sentence imposed upon him is imprisonment for life and fine of Rs.3 lakhs with default sentence of rigorous imprisonment for 2 years under Section 302 IPC, rigorous imprisonment for 5 years and a fine of Rs.10,000/- with default sentence of rigorous imprisonment for 6 months for the offence punishable under Section 449 of IPC and rigorous imprisonment for 6 months for the offence punishable under Section 309 of IPC. It was ordered that the sentence of imprisonment shall run concurrently.

(2.) The prosecution case in brief is as follows: The appellant who was romantically involved with the deceased Deepthi, came to know that she had fallen in love with PW1 which triggered a discordant note in his mind. On account of the same, he decided to eliminate her and with that intention, on 9.8.2006 at around 4.30 p.m., armed with deadly weapons viz. magnetic granulated choppers, knife, pointed chisel, egg-white laden syringes, bottled medicated liquid, blade, dissection needle etc, he trespassed into her house and forcefully administered some medicated liquid to her. She was also inflicted with cut wounds on her neck, face and head with chopper, stabbed her on vital parts of her body with pointed chisel, tester and chopper. Consequent to the fatal injuries inflicted upon the body of the deceased, she passed away at 2 a.m. on 10.8.2006 while she was undergoing treatment at Medical College Hospital, Thiruvananthapuram.

(3.) In connection with the above, Crime No.221/2006 was registered suo motu by PW16, the Sub Inspector of Police, Kadakkavoor Police Station and Ext.P14 is the First Information Report. The accused was arrested from the place of occurrence.