VIJAYAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in S.C.No.123 of 2008 of the Kottayam Sessions Division, who stands convicted under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life, has come up in appeal.

(2.) The accusation against the appellant is one of uxoricide. The accused, a Carpenter by profession, had always suspected the infidelity of his wife, deceased Usha.

(3.) Among the persons gathered there, one Punnackal Prasad was also there. He went to the road for hiring a vehicle to take the deceased to the hospital, and there he could see PW1. PW1 came to know about the incident from the said Punnackal Prasad. Both of them hired an ambassador taxi and came to the house of the appellant. PW1 could see the deceased lying with a severe injury on her neck, at the southern bedroom of the house. As he could realise that the deceased was lying dead, she was not taken to the hospital. The matter was informed to the police over telephone and, in turn, PW11, the Assistant Sub Inspector of Police, and the police party swiftly reached the place. PW1 furnished Ext.P1 First Information Statement before PW11 near the place of occurrence. PW11 returned to the police station, and registered Crime No.392 of 2005 of Vaikom Police Station for the offence under Section 302 of the Indian Penal Code, through Ext.P1(a) First Information Report.