KADUNGOTH ALAVI Vs. STATE OF KERALA

JUDGEMENT

(1.) A youngster, working in a hotel, developed an intimacy with a widow living in a part of a line building with her two school going children. Naturally, the neighbours did not relish this. Scandals spread in no time, Wall-posters appeared connecting the youngster with the widow. The widow gave a written complaint to the Police alleging that her neighbours were going to liquidate her. Those whose names were in the complaint were called to the Police Station and warned. Sometime laer, one evening, the children went to attend a bhajan in the local temple. When they came back, what they could see was the dead body of their mother.

(2.) THE accused in S. C. No. 6 of 1980 of the Court of Session. Tellicherry is the appellant. The prosecution case is as follows: The deceased, a widow, was living with her two children in a part of a line building at Chungom within the jurisdiction of the Manantoddy Police Station. The accused was employed in a hotel not tar away from the residence of the deceased. As the accused frequented the house of the deceased, that gave rise to scandals. The deceased told the accused not to visit her. This enraged the accused and he threatened to kill her. On 15-12-1979 by about 7 p. m. the deceased's children, P. Ws. 1 and 2, went to the neighbouring temple for a 'bhajana'. The deceased was alone in the house. They returned by about 9 or 9-30 p. m. They saw the accused coming out of the house. There was no light in the house. They lighted a lamp. They saw their mother lying in the kitchen. Even though they called her, she did not respond. They cried aloud. P. W, 3 Sainaba and P. W. 5 Madhavan, neighbours, came. They saw the woman lying dead.

(3.) P. W. 5 Madhavan took P. W. 1 Rajan to the Manantoddy Police Station. P. W. 1 gave Ext. P-l First Information Statement to P. W. 14 Additional Sub-Inspector of Police at 11-30 p. m. on the same night. P. W. 14 registered a case as Crime No. 262 of 1979. Ext. P-l I is the F. I. R. P. W. 14 informed P. W. 15 Circle Inspector of Police about the occurrence and deputed the A. S. I, and two constables to the place of occurrence.