STATE OF KERALA Vs. RAMACHANDRAN

JUDGEMENT

(1.) Criminal Appeal No. 90 of 2011 was filed by Ramachandran, the accused in Sessions Case No. 240 of 2010 on the file of the Court of the Additional Sessions Judge (Ad hoc-I), Manjeri, challenging the conviction and sentence under Section 302 of the Indian Penal Code. The Sessions Court sentenced the appellant to capital punishment. DSR No. 3 of 2010 is the Reference under Section 366 of the Code of Criminal Procedure in the same case for confirmation of the sentence. The accused (Ramachandran) is a carpenter by profession. He married Suchitra and in that wedlock, three children, viz., Vijisha, Prajisha and Meghanathan were born. The accused was not in good terms with his wife Suchitra for several years and she was residing separately. However, the accused brought back Suchitra to the matrimonial home a few weeks before 05/09/2009. The prosecution case is that on 05/09/2009 at about 9.15 p.m., the accused quarrelled with his wife and after bolting the door from inside, he committed murder of his wife by inflicting several injuries on various parts of her body with MO 1 chisel. The children and mother of the accused were sleeping in the room in front of the house (Poomukhamuri) and they woke up on hearing the quarrel between the accused and his wife. The accused forcibly pulled the deceased into the idanazhi of the house and bolted the door from inside. She was taken to the bed room on the north eastern side of the house and inflicted about 40 cut injuries on the body of the deceased.

(2.) On hearing the hue and cry, Ajeesh, the neighbour (PW 1) went to the house of the accused. Shaiju, Rajan (PW 2) and others also came to the residential compound. On knowing that the accused and the deceased were inside the room, the persons who assembled there broke open the door of the house. They found the wife of the accused lying dead in a pool of blood. The accused came out with the blood stained chisel. By that time, several people had assembled in the house of the accused. On seeing the people, the accused came back and went inside the house.

(3.) Ajeesh (PW 1) gave Ext. P1 First Information Statement to the Sub Inspector of Police (PW 13) and Ext. P1 (a) FIR was registered at 10.45 p.m. on 05/09/2009. The Circle Inspector of Police (PW 14) conducted the inquest and prepared Ext. P2 report. The postmortem of the body of the deceased was conducted by the Assistant Surgeon of the District Hospital, Manjeri (PW 5) on 06/09/2009. Arrest of the accused was recorded at 1 p.m. on 06/09/2009. At 4.30 p.m. on 06/09/2009. Ext. P8 scene mahazar was prepared by PW 14, which was witnessed by PW 9.