SHIBU Vs. STATE OF KERALA

JUDGEMENT

(1.) What is the scope of Section 6 of Indian Penal Code ('IPC, for short), with reference to definition of an offence or penal provision in IPC? Does Section 84 IPC lay down merely a defence for accused in trial or does it have any relevance during investigation? What constitute offence of murder and attempt to commit murder, under Sections 302 or 307 IPC, in the light of Section 6 of IPC? Does Section 105 of Evidence Act have any relevance during investigation stage? These are some of important questions which are to be considered in appeal. The appellant was tried for offences under Sections 307 and 2 IPC by the Additional Sessions Court. He is alleged to have empted to commit murder of his own wife (PW2) and his only child who was aged just four months at the time of death. After trial he was convicted and sentenced under both the above provisions. This appeal is filed challenging the said conviction and sentence.

(2.) According to prosecution, on 30.03.2005 accused went for an afternoon nap to the bed room situated in his wife's house, along with his wife, PW 2. At about 3 p.m., while PW 2 was breast feeding the baby, accused went out of the room and came back with an axe (MO 1) and cut his wife and child with MO 1, with intention to commit sir murder. Both of them sustained serious injuries and they were rushed to the hospital. The child succumbed to the injuries and the wife survived. The motive for the offence is the alleged suspicion of used on fidelity of his wife.

(3.) To prove prosecution case, PWs 1 to 21 were examined and ked Exts. P1 to P19 and MO 1 to M06 series. The accused examined DW 1 and DW 2 and marked Exts. D1 to D7 on his side. While questioned under Section 313 of the Code of Criminal Procedure ('the code', for short), he stated that he did not know anything. He also filed a statement to the following effect: