MEAMANA BABY Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an appeal filed under Sec. 374(2) of the Code of Criminal Procedure, 1973. The 1st accused in S.C.No.137 of 2000 of the Additional Sessions Court (Adhoc-II), Kalpetta is the appellant. He challenges the judgment dtd. 14/3/2006 whereby he was convicted for an offence punishable under Sec. 306 of Indian Penal Code, 1860. He was sentenced to undergo simple imprisonment for five years and to pay a fine of Rs.50,000.00 and in default of payment of fine, to undergo simple imprisonment for one year. If the fine amount is realised, the same shall be paid to the father of the deceased under Sec. 357(1) of the Code.

(2.) Brief facts of the case are that,-

(3.) PW1 reached the Police Station, Vythiri on 3/9/1990 and submitted Ext.P1 complaint to PW7, the Sub Inspector stating that her daughter was missing. A crime was registered for missing of a woman on the basis of the complaint as per Ext.P12, FIR by PW7. On 2/9/1990, PW3, the Manager of Chirag Hotel, Mysore gave Ext.P6 complaint before the Sub Inspector of Police, Nazarbad Police Station. PW3 lodged Ext.P6 complaining that a woman was found hanging inside room No.6 of his hotel. PW5, the Sub Inspector in that police station, went to the hotel and found in room No.6 Smt.Lissy Thomas hanging on the ceiling fan using a saree. An inquest report of the body was prepared by PW5. Body was sent for postmortem and Ext.P10 is the autopsy report. He noticed Ext.P5 suicide note and Ext.P4 diary inside the room. Since the address of the deceased was available in Ext.P5, he sent a policeman to that address and accordingly the presence of PW1 was procured. After necessary formalities, the body was entrusted with PW1.