AJIKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal under Sec. 374(2) Cr.P.C. by the sole accused in S.C.No. 801/2016 on the file of the Court of Session, Kollam has been filed through the Superintendent, Central Prison and Correctional Home, Poojappura, Thiruvananthapuram under Sec. 383 Cr.P.C. challenging the conviction entered and sentence passed against him for the offences punishable under Ss. 324 and 302 IPC.

(2.) The prosecution case as stated in the charge sheet is - deceased Sarojam, is the mother of PW1 and the accused. The accused, the elder brother of PW1 along with their parents were residing in house bearing no.IV/276, Thrikkaruva Grama Panchayat belonging to PW1. While so, the accused on 18/07/2015 abused his mother. The mother rebuked/scolded the accused for the same. Due to this enmity, the accused on the said day at 12:30 p.m. with the intention of murdering his mother, tried to beat her with MO.1 iron pipe at which time PW1 intervened and prevented the assault. The accused then took MO.2 knife from the kitchen and attempted to attack his mother with the same. Again PW1 intervened and when he tried to ward off the attack, he sustained a cut injury on his right hand. The accused cut/hacked PW1 on his left hand and left shoulder causing injuries. At this time when the mother carrying the eight month old child of PW1 ran into the courtyard of the house, the accused pursued/followed her and with MO.1 iron pipe beat her on her head. Seeing this, when PW1 pulled away his child from the arms of his mother, the accused again tried to beat him with MO.1 pipe, which PW1 warded off. The accused beat his mother several times with MO.1 iron pipe on her head and other parts of the body causing grievous injuries. Sarojam succumbed to the injuries sustained while being taken to the hospital. Hence the accused is alleged to have committed the offences punishable under Ss. 324 and 302 IPC.

(3.) Based on Ext.P1 FIS of PW1 recorded by PW13, SCPO, Crime no.1048/2015, Anchalummoodu police station, Kollam, that is, Ext.P10 FIR was registered by PW12, the then Sub Inspector of the aforesaid police station. The investigation was conducted by PW14, Circle Inspector, Kollam West. PW15, the Inspector who thereafter took charge verified the investigation and submitted the charge sheet before the court.