JOSE Vs. STATE OF KERALA

JUDGEMENT

(1.) In the dark night of 14th January, 1980, (just three days prior to the new moon day which fell on 17.1.1980) two babies, Gini and Gina, found their watery grave. The children were born to the accused, aged 26, and his wife P.W. 6, aged 25. A cousin and neighbour of the accused, P.W. 1, rave Ext. P1 first information statement before the Head Constable P.W. 10 at 9.30 a.m. on 15.1.1980. Ext. P1 implicated the accused as the person responsible for the death of the children. A crime was registered Crime No.6 of 1980 of the Koratty Police Station. P.W. 10 prepared the inquest reports Exts. P4 and P5. The investigation was continued by P.W. 11 who took over the same on 16.1.1980. The accused was arrested on 25.2.1980. A charge was laid against him before the Judicial First Class Magistrates Court, Chalakudy (where the case was registered as C.P. No. 23 of 1980) for offences punishable under Section 302 of the Indian Penal Code, of causing the death of the children by throwing them into the tank at 10.30 p.m. on 14.1.1980 with the intention that they should be drowned.

(2.) The accused pleaded not guilty. The prosecution examined eleven witnesses and produced six documents. The previous statements given by P.W. 3 and P.W. 6 were marked on the side of the accused, portions of the statement of P. W. 3 having been marked as Exts. Dl to D5 and those of P.W. 6 as Exts. D6 and D7. The learned Sessions Judge found the accused guilty of the offence of murder under two counts, for causing the death of the two children. A conviction was accordingly entered against him under Section 302 of the Indian Penal Code. He was sentenced to rigorous imprisonment for life for each of the murders, the sentence having been directed to run concurrently. The accused has come up before this court in appeal against the conviction and sentence passed against him by the court below.

(3.) According to the prosecution, there were frequent quarrels between the accused and his wife P.W. 6. She, therefore, left her matrimonial home a few days prior to the day of the tragic incident. She entrusted the children with a sister of the accused when she so left the house. The children were thereafter living with the accused in his house. The entreaties of the accused to his wife for her return home were unsuccessful. On the fateful day the accused carried with him the two children at about 10.30 in the night, proceeded to a tank situated in the property belonging to P. W. 9 and throw them into the tank.