EJIRIYOSE Vs. STATE OF KERALA

JUDGEMENT

(1.) THE accused in S.C.No.878 of 2009 of the Kollam Sessions Division, who stands convicted under Sections 302, 376, 397 and 201 IPC by the Additional Sessions Court (Adhoc -III), Kollam, and sentenced to undergo imprisonment for life and to pay a fine of 1 lakh, in default, to undergo rigorous imprisonment for one year under Section 302 IPC, rigorous imprisonment for seven years under Section 376 IPC, rigorous imprisonment for one year under Section 379 IPC and rigorous imprisonment for two years under Section 201 IPC, has come up in appeal.

(2.) DECEASED Usha, who was a 48 year old woman, was a resident of the Jayanthi Colony, which is situated at an elevated place near the Kanjirode lake at Vellimon, near Kundara, in Kollam District. Even though she was given in marriage around thirty years back to her death, her husband abandoned her, allegedly on the refusal of his demand to give the younger sister of the deceased named Kasthuri also in marriage to him. Thereafter, she was living along with her elder sister PW2, younger sister Kasthuri, their mother, and PW1 to whom Kasthuri was later given in marriage. Subsequently, Kasthuri died and even then PW1 continued to reside with the other members of the said family.

(3.) PW 6, who is a resident of Chittayam at Panayam Village, which is far away from Jayanthi Colony, has a house at Jayanthi Colony. PW6 has a wife and grown up children, who are residing at his house at Chittayam. There developed an illicit relationship between the deceased and PW6 around 20 years back to the death of the deceased. On all Sundays by the evening, PW6 used to come and stay at his house in Jayanthi Colony. On all such occasions, the deceased, without fail, used to go to the house of PW6 on his arrival and stay with him at that house. After having sex during night, they used to depart from the house in the next morning. The said relationship continued till the morning of 14.11.2005. On 13.11.2005, as usual, PW6 reached his house at the Jayanthi Colony and promptly the deceased joined him at the house and they stayed together. In the next morning, i.e., 14.11.2005, they departed from the house and the deceased reached her house.