RAMA SWAMI Vs. STATE OF KERALA

JUDGEMENT

(1.) (i) Did the court below err in accepting and acting upon the evidence of PW1

(2.) The appellant has been found guilty, convicted and sentenced for the crime of uxoricide. It is alleged that on the night of 02.02.2003 at the house where he and his deceased wife alone were residing, he caused the death of his wife deceased Radhamani, aged 35 years, by applying constrictive force around the neck by ligature strangulation with MO.1, a plastic rope.

(3.) Investigation commenced with Ext.P1 F.I statement lodged by PW5, a local panchayat member, who came to know of the incident. Ext.P6 F.I.R was registered by PW11, the local A.S.I, on the basis of Ext.P1 F.I statement. Investigation was completed and final report was filed by PW13. The learned Magistrate, after observing all the legal formalities, committed the case to the Court of Session. The learned Sessions Judge took cognizance of the offence alleged against the appellant. The appellant denied the charge framed against him by the learned Sessions Judge. Thereupon the prosecution examined PWs 1 to 13 and proved Exts.P1 to P18. MOs.1 to 5 series were also marked.