KRISHNAN UDAYAN Vs. STATE OF KERALA

JUDGEMENT

(1.) For the murder of his wife, Sosamma, the appellant was convicted by the Additional Sessions Judge, Mavelikara under S.302 of the Indian Penal Code and sentenced to undergo imprisonment for life.

(2.) The occurrence took place at or about 6 p. m. on 3-8-1970. The appellant and Sosamma belonged to the same village, Mulakuzha. They belonged to different communities. While the appellant was an Ezhava, Sosamma was a Christian. They loved each other and wanted to marry but their relations would not agree. Sosamma eloped with the appellant about three months before the occurrence. It was to Quilon that they went. There they got married and a registered document was executed to evidence it. When they had lived there happily only for about 20 days as husband and wife Pw 1, mother of Sosamma, came and during the absence of the appellant took Sosamma from there to her house in Mulakuzha. Thereafter Pw 1 filed a suit against the appellant before the Chengannur Munsiff's court for declaration that the marriage of Sosamma with the appellant was invalid. The appellant came to know about it.

(3.) On the date of occurrence Sosamma took bath in a stream near her house along with Pw. 2, a servant girl in a neighbouring house. Thereafter when she was doing her hair the appellant suddenly appeared there. He came near her and requested her to come with him. She flatly turned it down and asked him to mind his business and go away from there. Then saying that if she did not come with him one of them had to die he stabbed her on the chest with a knife and ran away. She and Pw 2 cried aloud. Neighbours and Pw 1 came. After getting the injury on Sosamma bandaged she was removed to the Chengannur Government Hospital where she died at 7.30 p. m. that day.