G GABRIEL Vs. STATE OF KERALA

JUDGEMENT

(1.) THE appellant is Sri Gabriel, aged 27, son of Chinnaswamy the accused in Sessions Case No. 8 of 1981, on the file of the Sessions Court, Palghat. The case against him was that he had committed the murder of his mother, Parvar Ammal, aged 60, by giving her a blow with M. O. 1 spade and pushing her into the well in the property belonging to the deceased, at Colambara. The trial court accepted the prosecution case, and finding the accused guilty, convicted him under Section 302 I. P. C. and sentenced him to imprisonment for life. It is aggrieved by this conviction and sentence this criminal appeal has been preferred.

(2.) THE prosecution case briefly stated was as follows : - The accused is the son of deceased Parvar Ammal. He was married and had three children. They had some agricultural land. There used to be quarrel between the mother and the son on account of the laziness on the part of the son. On the morning of 2-12-1980 Parvar Ammal had scolded the accused, and had asked him to leave the house if he could not do any work. He had then replied that he would go away only after doing away with her. Parvar Ammal, with her daughter P. W. 1, Jayaseeli Mari, her sister P. W. 2 Sowriyammal, and another woman had G. Gabriel vs. State of Kerala (10. 08. 1982 -KERHC) Page 2 of 9 thereafter left for the paddy field to do some agricultural work. After the day's work they returned by about 5 p. m. While P. Ws. 1 and 2 and the other woman were standing by the side of a rock near the house of Parvar Ammal, they saw the accused and Parvar Ammal leaving towards the well and pump-set belonging to them for watering the ragi-cultivation. The accused was seen carrying with him a bucket and a spade, and Parvar Ammal an earthenware pot with her. P. W. 3. Smt. Kolantharasu was the daughter of a brother of the deceased husband of Parvar Ammal. She also was residing close by. She had seen the accused and Parvar Ammal going in the direction of the well. Sometime later she saw the accused returning from the side of the well, the bucket alone in his hand. The accused had an younger brother by name Santhappan. He was away on some errand. On his return home at about 5 p. m, he made enquiries about his mother Parvar Ammal, He was told by P. W. 1 and others that she had gone to the field to irrigate the cultivation. When he was waiting in the house the accused went to him and told him that their mother was pushed into the well by one Arogiaswamy and six others and that they also chased him, but he had escaped. He advised him (Shanthappan) that they should go and get themselves admitted to the hospital. Santhappan did not believe that story, and told him that it might be the accused himself who pushed their mother into the well. Shortly thereafter the accused left the place after having changed his clothes. Sanhtappan along with others went to the well, looked into it, but did not see anything in the well. The next morning also the search was continued; and having found the dead body of Parvar Ammal floating in the well, at 9 a. m. that day Santhappan gave Ext. P5 first information statement before the Kasaba Police Station a Palghat. A case of suspicious death was registered by P. W. 9 the S. I. of Police. Ex. P5 (a) is the F. I. R. in Crime No. 215/80 registered on the basis of Ex. P5 F. I, S. He proceeded to the scene of occurrence and held the inquest on the dead body of Parvar Ammal. Ex. P1 is the inquest report. He questioned the witnesses that day and the next day. The accused made himself scarce. He was. however, apprehended on 1212-1980 at a place called Chulliamada while waiting for bus. P. W. 9 questioned the accused, and pursuant to the information given by him M. O. 1 spade was recovered from the well which was stated to have been used for beating Parvar Ammal. After arresting the accused, P. W. 9 sent a report Ext. P6 to the Judicial Magistrate of the II Class, Palghat, altering the offence into one falling under Section 302 I. P. C. After completing the investigation, the final report charge-sheeting the accused was filed by P. W. 9 before the Magistrate who subsequently committed the accused to the Court of Session, Palghat to stand his trial.

(3.) P. W. 5 Doctor M. C. Ayyappan Pillai, Assistant Surgeon, District Hospital, Palghat, was the doctor who conducted the autopsy and issued Ext. P2 post-mortem certificate. The cause of death, according to P. W. 5, was asphyxia due to drowning. Though the prosecution had a case that the accused had given the deceased a blow with M. O. 1 before she was pushed into the well, it was not suggested that that injury was fatal. The trial court has entered a finding that Parvar Ammal died of asphyxia due to drowning. From the evidence of P. W. 5 who conducted the autopsy and issued Ex. P5 post-mortem certificate of P. W. 9, who conducted the inquest and prepared Ext. P1 inquest report, and of P. Ws. 1 to 3 the relatives of the deceased Parvar Ammal, it is clear that, she died on 2-12-1980 by drowning.