STATE OF KERALA Vs. MANI ALIAS CHANDRAN

JUDGEMENT

(1.) Mother inlaw of the appellant died due to drowning. Her dead body was recovered from a stream flowing near her residence, Appellant is alleged to have pushed her into the stream to finish her off. As the Trial Court exonerated him for want of evidence, State of Kerala has filed this appeal. Suo motu revisional proceedings have also been initiated by the High Court against the order of acquittal.

(2.) Story of the prosecution is this: The stream Mangattu Puzha (in Wayanad District) was on spate during monsoon in June, 1986 and water was flowing turbulently. Atmosphere in deceased's house was no less turbulent as the appellant was torturing his wife Ponnamma (P. W.5) physically and mentally despite her pregnancy in advanced stage. Theirs was not a negotiated marriage. Appellant was forced to marry her when she became pregnant through him. After marriage, the couple were staying with the parents of P.W.5. Appellant used to come home in sozzled condition and flog his wife. On 20-6-86, appellant came by mid-night in his usual form and started showering assaults on Ponnamma. As her father (P. W.3) could not stand this persecution, he interfered and begged of him to spare his pregnant daughter. Appellant then turned to him and necked him off. P. W.3 took up a cane and beat him twice in retaliation. But the appellant wrested the cane and unleashed an all round attack on all the inmates of the house. They, in panic started fleeing away to escape from the berserk turned appellant. But appellant chased the deceased and intercepted her and pushed her into the stream and returned to the house in drenched cloths. Next morning, P. W.3 went to the police station and filed Ext. P3 petition complaining of appellant's misdemeanours in the previous night.

(3.) Dead body of the deceased was spotted out in Mangattu Puzha on 24-6-86. Local police took up the dead body and held the inquest. As the appellant was absconding thereafter, police, could nab him only on 10-7-86.