LAWS(KER)-2023-6-202

PREMACHANDRAN Vs. STATE OF KERALA

Decided On June 08, 2023
Premachandran Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) This jail appeal under Sec. 383 Cr.P.C. has been filed by the accused in S.C. No. 375/2016 on the file of the Court of Session, Mavelikkara, challenging the conviction entered and sentence passed against him for the offence punishable under Sec. 302 IPC.

(2.) The prosecution case as stated in the charge sheet is as follows-The accused was in inimical terms with Bhasurangi, his mother, due to the disputes relating to the partition of their family property and as she had filed a case against the accused and obtained an order evicting him from her house. Due to this enmity, the accused with the intention of murdering her, on 23/10/2015 at 6 a.m., hacked her twice with an axe on the back of her head and below the neck, because of which her neck was severed from her body, resulting in her death. The incident took place near the well situated in the compound of her house bearing No. 282 situated in Ward No. VI, Alam Panchayat. Hence the accused is alleged to have committed the offence punishable under the above-mentioned Sec. .

(3.) Based on Ext.P1 FIS of PW1, Crime No. 2626/2015, Chengannur Police Station for the offence punishable under Sec. 302 IPC was registered, i.e., Ext.P18 FIR, by PW14, Junior Sub Inspector of the aforesaid Station. PWs. 13 and 14 are the investigating officers in this case. PW14 verified the investigation conducted by PW13 and submitted the charge sheet before the court.