MURUKAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE accused was prosecuted for the offences of uxoricide for which he was found guilty. He was convicted and sentenced to imprisonment for life for the offences punishable under Section 302 of Indian Penal Code.

(2.) PROSECUTION case is as follows. The accused, his wife deceased Neelamma, PW1 Subramanian, their eldest son and two younger children were residing at Gandhinagar Colony in Areapally in Pulpally amsom. The three younger children are students and were in hostel at the time of the incident. On 27.3.2007, as usual, it is stated that PW1 went for work. The accused is a cobbler by profession and the deceased was engaged in the buying and selling of old things. At the time when PW1 left the house on the eventful day, the mother and the father alone were there. At about 12.45 in the noon, on the said date, PW1 claims to have received a call from PW2 stating about the quarrel between his parents. He reached the place and found the father going out and mother complained to him about the ill treatment meted out to her by the accused. She then asked PW1 to get her a medicine for headache and PW1 went out to get her the medicine. When he returned, he came to know that the mother was hospitalised and he went to the hospital. At Pulpally Hospital, mother told him that after PW1 left the house, the accused set her on fire. He furnished Ext.P1 F.I.Statement which was recorded by PW11 who, as per Ext.P1(a) F.I.R, registered the crime for the offences punishable under Section 307 of Indian Penal Code. From Pulpally Hospital the victim was taken to the Hospital at Mananthavady. At Mananthavady Hospital, PW9 attended to the victim and prepared Ext.P7 wound certificate at 2 pm on 27.3.2007. In the meanwhile, PW11 made Ext.P4 requisition for recording of the dying declaration. The same was received by PW7. PW7 proceeded to the hospital on 27.3.2007, recorded the dying declaration of the victim after satisfying himself that the victim was mentally and physically fit as certified by PW9. Ext.P5 is the said dying declaration. In the meanwhile, PW13 had taken over the investigation of the case. He prepared Ext.P3 scene mahazar. He recovered Mos 1 and 2 from the scene of occurrence. In the morning of 28.7.2007, Neelamma, the victim, succumbed to her burns. PW13 therefore filed Ext.P12 report before the court altering the offence from 307 Indian Penal Code to 302 of Indian Penal Code. Inquest was conducted and Ext.P2 Inquest report was drawn up. The accused was arrested on 30.3.2007. PW13 recorded the statement of the witnesses and completed the investigation. PW12 Successor in office to PW13 after obtaining Chemical Analysis report and after filing Ext.P11 report, a correction report with respect to the copies of the F.I.R was given to the accused, finalised final report.

(3.) FINDING that accused cannot be acquitted, the accused was asked to enter on defence. The accused however chose to adduce no evidence. On appreciation of the materials before it, the court below came to the conclusion that offence has been made out and accordingly accused was found guilty. The conviction and sentence as already mentioned, followed.