NARAYANAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) THE appellant stands convicted by the learned Sessions judge of Tellichery for the offence of murder for having caused the death of his two children aged 4 and one and half years respectively.

(2.) THE accused had married pw. 1 Narayani about six years ago and they were living together in the accused's house. Two children were born to them. After some time the accused started ill-treating his wife. He used to come drunk and beat her. Matters reached a crisis when one day he kicked her out of the house. pw. 1 started to go away to her house with the children, but at the intervention of some of the neighbours she remained in the house for the night. Next day she decided to leave and informed the accused about it, but he made no reply. So she left with her children to her own house in Ezhom amsom. THEreafter she was permanently residing there. After a few days the accused came over there and told his mother-in-law Pw. 3 that he had come to take his wife and children, but Pw. 3 informed him that pw. 1 was unwilling to go back with him. Relationship between the husband and wife were thus strained.

(3.) NEXT morning, i. e. on 22-4-62 pw. 1 and her mother started to go to the accused's house at Kadannappalli. On the way they made enquiries of several persons and finally came to know that the accused was seen going, alone without the children and that the accused had even attended the ' Thira ' festival the previous night. pw. 1 and her mother therefore cams back and told the brother pw. 2 the result of their enquiries. pw. 2 went in search of the accused. On the way he got into the house of one Kalliani a relation of the accused. The accused was there. He was taken aside and pw. 2 asked him where the children were. Accused retorted by saying that the children were after all his and that he had no business to question him. When asked again he did not give any reply and pw. 2 told him that he was going to report the matter to the police and wanted the accused to. go with him to the police station. " The accused then suddenly took to his heels. While running he tripped and fell down. pw. 2 and others chased and brought him back, but some people who were there told pw. 2 that he had no right to compel the accused to accompany him and that if he wanted he could go and make a complaint at the police station.