KUZHIYARAMADIYIL MADHAVAN Vs. STATE

JUDGEMENT

(1.) Accused was charge-sheeted under Ss. 447 and 302, I.P.C. Learned Sessions Judge, Manjeri found him guilty of the offence punishable under Ss. 447 and 302, I.P.C., convicted him and sentenced him to undergo imprisonment for life under S.302, I.P.C. No separate sentence was awarded for the offence under S. 447, I.P.C. Accused has preferred this appeal against the said conviction and sentence.

(2.) Cheeru Amma (deceased), aged 65 was residing along with her daughter at Pakkarathkunnu in Karuvambram amsom, desom of Ernad Taluk. In the evening of 22/01/1987 PW 1, a customer of PW 3 whose tea shop is on the south-east of the house compound of Cheeru Amma went to the tea shop for paying dues; finding PW-3 away to his house he (PW-1) went to the house of PW.3, paid the amount, and when he reached the road that runs in front of the house compound of Cheeru Amma he saw accused in her compound and herself protesting that the accused should not enter her compound. But accused asking what she would do if he entered, proceeded, she pushed him; then accused stabbed her on the right side of her neck. PW-1 raised an alarm and PWs. 2 and 3 came to the scene. Accused left the place. Cheeru Amma was removed to the District Hospital, Manjeri, on examination, she was pronounced dead.

(3.) PW-1 went to the police station and tendered Ext. P1 F. I. Statement before PW11, Sub-Inspector of Police. He registered a crime against the accused. PW-11, Sub-Inspector of Police who was authorised to conduct the investigation, held inquest over the dead body of Cheeru Amma at the hospital; Ext. P4 is the inquest report under which he seized MOs. III to VI. PW9 conducted the postmortem; Ext. P.7 is the postmortem report. Then he proceeded to the scene of occurrence and prepared Ext. P3 scene mahazar. He arrested the accused on 27-1-1987 at Manjeri bus stand and seized MOs. VII and VIII the dress worn by the accused under Ext. P 8 to which PW 7 is an attestor. He questioned the accused and pursuant to the information received from the accused MO-I dagger was recovered which he seized under Ext.P5. He questioned the witness and completed the investigation. PWl2 verified the investigation and laid the charge before Court.