VARGHESE Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal has been filed against the judgment in S.C. 571 /2015 on the file of Addl. Sessions Judge Muvattupuzha.

(2.) Prosecution case can be summarised as follows:- Accused was under mental stress since his wife was affected with Hepatitis B, a contagious disease and his daughter was physically challenged, deaf and dumb by birth and was incapable of taking care of herself. Due to the illness of the wife, none of the friends, relations and neighbours are turning up to their house also. Out of that desperation with intention and preparation to do away with the wife and daughter in between 12 midnight on 27.1.2015 and 2.30 am on 28.1.2015 accused intentionally caused the death of his wife at the bed room situated on the south eastern corner on the ground floor and the daughter was killed in the hall by smothering and strangulation using pillow and bath towel (MO2 and 3) and by clobbering them with the blunt edge of MO4 chopper and with MO1 spanner on the head and face. Both of them succumbed to the injures at the spot. Thereby accused committed offence under S.302 IPC.

(3.) Immediately after the incident accused informed the matter over land phone to PW2 the neighbour. PW2 in turn informed the matter to PW1 the nephew of the accused and he along with his brother and PW5 came to the house of Pw2 and all of them together went to the house of the accused and saw the accused and dead bodies inside the house. Thereafter Pw1 went to the police station and lodged the FIS Ext.P1. PW 18 the SHO Kunnathunadu recorded the FIS of PW1 and registered Ext.P20 FIR. In the meantime the bodies of the deceased were taken to TD Medical College and PW10 and 12 conducted postmortem on the body of the deceased persons. PW20 the Inspector of Police Kunnathunadu took charge of the investigation. PW19 the Scientific Assistant visited the spot of incident and collected the blood stains from the floor near the head of the deceased persons and the wall. The report of the Scientific Assistant is marked as Ext.P21. Pw16 who was the CPO attached to the Kunnathunadu Police Station was on surveillance duty of the accused. PW5 was the SCPO attached to Kunnathunadu Police Station who went to the house of accused on getting information regarding the murder while doing night patrol duty and saw the accused and the two dead bodies inside the house. PW17 was the Head Constable attached to Kunnathunadu Police Station who was a witness in Ext.P18 seizure mahazar of DVD. Ext.P19 is the seizure mahazar for seizing the photos-Ext.P14 and CD-Ext.P15.