PALAN Vs. STATE

JUDGEMENT

(1.) THE appellant aged about 25 years is a resident of sreekrishnapuram village. Deceased Akkamma, aged 33, also belonged to that village. THEy are members of Harijan community who eked out their existence working as labourers. pw. 1 is the elder sister of Akkamma and pw. 4 is the son of pw. 1. Akkamma lived with pw. 1 in the same house, but pw. I had no control over her. Akkamma led a licentious life taking to drinking and prostitution. Often she was found lying in an unconscious condition due to excessive drinking. Whenever persons found fault with her regarding her conduct, she used to abuse them and so on such occasions they used to leave her alone. However, she had some jewels which she wore habitually on her person M. O. 9 gold chain, m. O. 11 pair of ear studs, M. O. 12 ring and M. O. 13 silver waist band were those few jewels which she had on her person when she came. out of the house of pw. 1 after taking meals in the afternoon of 19-4-1972.

(2.) ON the next day morning the deal body of Akkamma was found lying with bead injuries near a fence on the northern side of one poozhikalem paddy land almost naked, M. O. 1 granite blood-stained stone lying by her side. ON receiving information, pws. 1, 2, 4 and 5 cams running to the spot when they found Akkamma lying dead at the spot in the condition described above. Ali her jewels were found missing from her body. ON seeing the ghastly sight, pw. 1 went to the Cherpalacherry police station, which is 12 K. m- east of the place of occurrence, and lodged Ext. P1 first information statement at 11. 00 am. with pw. 15 Sub Inspector. ON registering a crime pw. 16 Inspector lookup investigation forthwith.

(3.) AFTER arrest, the appellant made a confession to pw. 16 on the basis of which the appellant took pw. 16 to his residential compound wherefrom the appellant unearthed M. Os. 10 to 13, the rest of the jewels from the foot of a cashewnut tree in the presence of pws. 6 and 7. pw. 6, a clerk of the Canara Bank, and pw. 7, a tea-shop keeper in the neighbourhood, figured as attestors to Ext. P3 mahazar under which M. Os. 10 to 13 were seized by pw. 16. On chemical examination human blood was detected on M. 0. 1 stone and M. 0. 8 blood-stained earth which was collected from the place of occurrence (vide Ext. P18 Chemical Analyst's certificate ). pw. 11, Assistant Surgeon, conducted autopsy on the dead body, and issued Ext. P9 post-mortem certificate which revealed that as a result of serious skull fracture the brain had been injured. One of the lobes of the ear was also found cut. The head injury was described as sufficient, in the ordinary course of nature, to cause death.