KOZHIPALLIYALIL MUHAMMAD Vs. STATE

JUDGEMENT

(1.) THE appellant who is only 22 years old and who stood charged under Sections 302 and 394 of the Indian Penal Code was acquitted of the offence under Section 302, but convicted of the offence under Section 394 and sentenced to imprisonment for life. The incident took place after 7 P. M. on August 9, last year in the property of the appellant in Pulamanthol Village within the jurisdiction of the Kolathoor Police Station. There is a river there running from north to south. The houses of the appellant and the deceased in this case, Kathiyumma, are on the eastern bank of the river. Kathiyumma's house is about 102 metres to the south of the appellant's house. In between the two houses is another house and that belongs to P. W. 5, There are only small bunds to separate the properties where these houses are situated. At or about 4 P. M. on the date of occurrence Kathiyumma went to a property about four furlongs north-west of her residence. After collecting vegetables from there it was when she was returning home through the property of the appellant that she was murdered. With the dagger, M. O. 10, the appellant chopped off her ears and after taking the ornaments which she wore threw her into the river. The dead body was recovered the next day from the river by P. W. 10 and others who made a search for it. After recovering it the matter was reported to the Kolathoor Police Station at 8 P. M. on August 10, 1972. A case of suspicious death was then registered on the basis of it. During investigation it came out that it was appellant who committed the offences. He was arrested on August 11, 1972. After due investigation charge was laid before Court.

(2.) THE appellant denied having had anything to do with the occurrence.

(3.) IT is sufficiently proved in the case that Kathiyumma died. Pinnae of both her ears were seen chopped off. There was fracture of the hyoid bone. The Doctor who conducted autopsy was of the opinion that the cause of death was asphyxia due to drowning. He could not say whether the chopping off the pinnae of the ears was before or after the death.