PEETHAMBHARAN, S/O. KANDAN, MAMBILLIL VEEDU MANARKADU VILLAGE THIRUVANCHOOR KARA Vs. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM

JUDGEMENT

(1.) OLD age is a curse especially when one is sick and is not looked after by children. The instant case reveals the sordid story of an ailing mother being smothered to death by her son. The incident is alleged to have taken place on 30.03.2006 at the residence of the son. The court below has convicted the accused for offence punishable under Section 302 of the Indian Penal Code. He has been sentenced to undergo imprisonment for life with a fine of Rs. 5,000/ -. The accused has been directed to undergo rigorous imprisonment for a further period of one year on default to pay fine. The appeal is filed challenging the conviction and the sentence imposed by the court below.

(2.) THE son -in -law of the deceased, who lodged Ext.P1 First Information Report has been examined as PW1. The neighbours, who heard quarrelling sound from the house of the deceased was examined as PW2. The attesting witness to Ext. P2 scene mahazar has been examined as PW3. The grandson of the deceased, who preferred Ext. P3 compliant against the accused was examined as PW4. The doctor, who issued Ext.P4 postmortem certificate was examined as PW5. Another neighbours, who is a witness to the frequent quarrels is examined as PW6. The scientific assistant, who detected traces of blood in the nails of the accused was examined as PW7. The wife of the accused, who was declared hostile was examined as PW8. A neighbor, who heard the cry of women in the house on the fateful night was examined as PW9. The attestor to the recovery mahazar of cotton bunch was examined as PW10. The police officer, who prepared Ext.P9 inquest report was examined as PW11. The photographer, who took Ext.P10 series of photos of the deceased was examined as PW12. The Sub Inspector of police, who registered Ext.P1(a) First Information Report was examined as PW13. The Circle Inspector of police, who conducted the investigation was examined as PW14. The village officer, who prepared Ext.P15 site plan was examined as PW15. The Circle Inspector of police, who laid the charge against the accused was examined as PW16. The accused when questioned under Section 313 Cr.P.C. denied all the circumstances that appeared in evidence against him.

(3.) THE second parameter of the prosecution case is that the deceased was an unwelcome guest at home. The evidence of the son -in -law (PW1) and the grandson (PW4) of the deceased amply reflected the same. They testified that the mother used to go from the house of one child to another. The grandson had even preferred Ext.P3 petition to the police complaining that the accused was not looking after his mother. The deceased had fractured her leg during her stay in the house of one of her daughters. The evidence in the case clinches that the accused entertained his mother at his house only due to pressure from police and relatives.