K KUNHAMAN ALIAS KUNHIRAMAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an unfortunate case where a fourteen year old girl had to depose that her father had killed her mother and also the brother of the accused deposing of the extra - judicial confession made by the accused. Unfortunate girl lost her mother and had the misfortune to see her father punished for imprisonment for life.

(2.) Prosecution case is that on 9-7-1997 at about 10.30 a.m. accused killed his wife Bhargavi by hitting her with a granite stone on the head and face. It was on a bandh day. PW 16 Sub-Inspector of Police, Rajapuram went to the place of occurrence, the courtyard of house number K.B.P. II - 355 of Kodam village which belonged to the accused and recorded Ext. P1 E.I. statement given by PW 1, neighbour of the accused. PW 17 C.I. of Police, Vellarikundu conducted investigation and filed the charge against the accused under S.302, IPC before the Judicial First Class Magistrate, Hosdurg and the Magistrate committed the case to Sessions Court, Kasaragod.

(3.) On the side of the prosecution PWs 1 to 17 were examined and Exts. P1 to P8 and MOs 1 to 13 were marked. PW 17 conducted the inquest and PW 11 Assistant Surgeon, District Hospital conducted post - mortem and issued Ext. P2 certificate. He opined that death was due to subdural haematoma and injuries 1 to 4 could be caused by MO 1 granite stone which was recovered by PW 17 from the courtyard of the accused. After closing the prosecution evidence, accused was questioned under S.313 of the Code of Criminal Procedure and he denied all the incriminating evidence adduced against him and stated that he was suspecting one Narayan Maniyani as the person who killed his wife. Accused was found guilty on the basis of the extra - judicial confession made before PWs 1 and 3 and also on the basis of circumstantial evidence and other attendant circumstances. The version of the daughter who was examined as PW 8 was that she went to school on the day of occurrence at 9 a.m. leaving her parents at house. PW 8 has got two other daughters. They were all at school at the time of occurrence. She deposed that when she went to school parents were alone in the house and nobody else was there. She also deposed that father used to go for work. On that day he did not go for any work. On the fateful day at about 11.30 a.m. her uncle brought her and sisters back from the school to the house only to witness the drastic scene of her mother lying dead in the courtyard.