LAWS(KER)-2013-3-128

NARASIMHAMOORTHY Vs. STATE OF KERALA

Decided On March 14, 2013
NARASIMHAMOORTHY Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) THIS Jail Appeal is filed by the accused Narasimhamoorthy in S.C.No.137 of 2007 on the file of the Additional Sessions Court (Adhoc) No.II, Manjeri.The accused was charge sheeted by the Circle Inspector of Police, Ponnani under Section 302 of the Indian Penal Code.

(2.) THE prosecution case is briefly as follows : The accused and his wife Pazhaniyamma were residing with CW1 Perumal and his family in a rented house at Chiyannoor near Alamkode Primary Health Centre. On 3.8.2006, they all decided to go for a cinema at 6 p.m. When CW1 and his family got ready, the accused backed out and he did not allow his wife Pazhaniyamma also to go for cinema. He was drunk also. There was some quarrel between the accused and his wife Pazhaniyamma. CW1 and his family along with neighbours went for cinema, leaving the accused and Pazhaniyamma in their house. The allegation is that at about 8 p.m, the accused committed murder of his wife Pazhaniyamma by kicking on her abdomen and by throttling.

(3.) HEARD the learned counsel for the appellant and the learned Public Prosecutor.