STATE OF KERALA Vs. BABY JOSEPH

JUDGEMENT

(1.) This appeal is filedby theState against the order of acquittal passed by the Court of Session, Kottayam in Sessions Case No. 18 of 1986.

(2.) Respondent-accused was charged for offences punishable u/Ss. 449 and 302, IPC. The court below after trial held that the prosecution has not succeeded in establishing that the accused committed the offences beyond reasonable doubt and in that view, acquitted the respondent. That is under challenge in this appeal.

(3.) P.W. 5 is the son of Kunjupennu alias Thressia, now deceased. On 6-11-1984, he went for his work at about 6-15 a.m. At that time, his mother and the accused were in their house at Thachapuzha bhagom in Elikulam Village. He returned at about 10-30 p.m. after work and found Kunjapennu lying dead in a room with a cut injury on her throat. The accused is of the same age as that of P.W. 5 and they were friends. The house of the accused was situated only 400 feet away from the house of deceased. On seeing his mother lying dead, P.W. 5 cried out and ran to the house of the accused and informed Georgekutty and Mathachan, brothers of accused. They informed P.W. 1, the Panchayat Member of Ward No. 1 of Elikulam Panchayat through one Kumaran. On knowing about the incident, P.W. 1 along with some others came to the scene and found Kunjupennu lying dead with a cut injury on her throat, and blood oozing out from the injury and a knife on the injury. P.W. 1 went to the Ponkunnam Police Station and gave Ext. P1 First Information Statement. P.W. 18, Circle Inspector of Police took over investigation and the body was sent for post mortem. Autopsy was conducted by P.W. 15, Assistant Professor of Forensic Medicine, Medical College Hospital, Kottayam and Ext. P 15 is the post mortem certificate. At the request of P.W. 15, P.W. 14 took samples of the accused's nail, clippings, saliva and blood. They were sealed and forwarded to the Judicial Second Class Magistrate along with Ext. P 14 list of articles. After completing investigation, P.W. 18 laid final report before the Court of Judicial Magistrate of II Class, Kanjirappally, who committed the accused to stand trial before the Sessions Court, Kottayam.