GOPESH Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal under Sec. 374(2) Cr.P.C. by the sole accused in S.C.No.345/2015 on the file of the Court of Session, Kottayam has been filed through the Superintendent, Central Prison, Thiruvananthapuram under Sec. 383 Cr.P.C. challenging the conviction entered and sentence passed against him for the offence punishable under Sec. 302 IPC.

(2.) The prosecution case is that - the accused and the deceased, Sindhu, were in a live-in-relationship for the past five years. They were eking out their livelihood by collecting and selling scrap. They used to spent their nights on shop varandhas (??? ?) and at tapioca plantations. Sindhu had left her husband and two children to join the accused. She used to tell the accused that she would go back to her husband and family, due to which the accused was in inimical terms with her. Due to this enmity and with the intention to kill her, the accused on 26/02/2015 at 09:30 p.m pushed Sindhu down from the staircase of the first floor of Thottattil building situated in ward no.52 of Kottayam Municipality. He pursued her to the tapioca plantation situated nearby and about 10.30 p.m, voluntarily caused hurt to her by beating and pushing her down. When Sindhu fell down on her stomach, the accused sitting on her back pressed her neck and face to the ground and smothered her to death. Hence the accused is alleged to have committed the offence punishable under the above mentioned Sec. .

(3.) Based on Ext.P1 FIS given by PW1 on 27/02/2015 at 03.30 p.m, crime no.297/2015 of Gandhi Nagar police station, Kottayam was registered by PW18, Senior Civil Police Officer. Ext.P11 FIR was registered under Sec. 174 Cr.P.C. and the FIR was submitted before the Sub Divisional Magistrate Court, Kottayam. On 27/02/2015, the initial investigation was conducted by PW19, the Sub Inspector of Police, Gandhi Nagar police station. He conducted inquest at the scene of occurrence and prepared Ext.P2 report. After the inquest, the body was sent for postmortem examination. PW12 conducted the autopsy and the postmortem report is Ext.P5. Thereafter, PW19 filed a report before the court incorporating Sec. 302 IPC. On 01/03/2015, PW23, the then Circle Inspector Kottayam East police station took over the investigation, conducted the investigation and submitted the charge sheet before the court against the accused.