ARUNACHALAM Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is directed against the order of conviction and sentence passed by the Addl. Sessions Judge, Kozhikode in S.C.No.65/1999. The appellant was charged with the offence punishable under Sections 302 and 201 of the IPC. After the trial the learned Addl. Sessions Judge found the appellant guilty of the offences and convicted him. He was sentenced to undergo imprisonment for life under Sec. 302 IPC. No separate sentence was awarded under Sec. 201 of the IPC. The order of conviction and sentence passed against the appellant is seriously challenged in this appeal.

(2.) The prosecution story runs in the following lines: The deceased Uthiranam was the wife of the accused Arunachalam. They were residing together in a shed located on the south of the compound wall of the X-ray shed attached to the T.P. Hospital in Cheruvannur. There were frequent skirmishes between the two. On the date of the occurrence i.e. on 04-10-1997 at about 10.15 p.m. there ensured a wordy alteration between the accused and the deceased. In the course of the alteration, the accused hit the deceased with a hammer inflicting injuries on her face, neck and head. The deceased succumbed to the injuries. Thereafter the accused dragged the dead body to a nearby well and dumped it into the well.

(3.) On the basis of Ext.P2 statement given by PW3, the Sub inspector of Police, Nallala Police Station (PW13) registered the crime under the caption unnatural death. The Post Mortem examination on the dead body was performed by PW7 who issued Ext.P8 Post Mortem Certificate. After getting the Chemical Analysis Report, PW7 had given his final opinion as to the cause of death of the deceased. The doctor opined that the death was due to the injuries sustained by the deceased on her neck and face. Thereupon PW 13, the Sub Inspector sent Ext. P18 report to the court to change the caption unnatural death and incorporated Sec. 302 and 201 IPC. Pw16, the then Circle Inspector of Police, Nallala took up the investigation in the case. He arrested the accused on 7-10-1997 and on the basis of the information furnished by the accused M.O. 14 hammer was recovered. PW16 also seized M.O.1 to M.O.3 from the southern corner of the shed under Ext.P17 mahazar. He questioned the witnessed and recovered their statements. Pw14 held the charge before the court.