(1.) THE appellant herein,Ouseph alias Ouso,is the accused in Sessions Case 3 of 1980 on the file of the Additional Sessions Judge,Parur who has been convicted under S.302 IPC and sentenced to undergo imprisonment for life for the murder of his sister -in -law,Leela.
(2.) THE facts which can be gathered from the prosecution evidence are as follows:The appellant,his wife PW 7,PW 7's youngest sister Leela and mother PW 4 and father lived in the same house at Keezhiilam kara of Rayamangalam village.Leela aged 19 years,having passed S.S.L.C.examination,was attending the typewriting institution of PW 12.Appellant and Leela were in love with each other.While so,Leela fell in love with a quarry worker,PW 5,and this came to the knowledge of the appellant and he was furious with Leela.On 26 -9 -1979 at about 8.20 a.m .,Leela on her way to the typewriting institute met PW 5 who was in the company of a fellow worker,PW 6,and asked PW 5 what the time was and PW 5 gave a reply.The appellant who was watching this,ran up asking PW 5 to stop ...[VERNACULAR TEXT OMITTED]... ( for the last four or five days,I have been searching of you ),picked up a stone and attempted to hit PW 5.PW 5.caught his hands.One Narayanan came and asked the appellant why he wanted to beat PW 5 whereupon appellant put down the stone.He took away the books and umbrella of Leela and told her that she need not continue her studies.He proceeded homewards and Leela followed him.PWs 5 and 6 went to their work -spot which was the quarry of PW 3 situated to the north of the road lying to the north of Leela's house,
(3.) AT about 9.30 A.M .,PW 1 who was working nearby heard the cry "Run up - Give me water "from the scene,ran up and saw Leela lying with injuries.Leela told him that she was attacked by her brother inlaw Ouseph.PW 1 raised an outcry and on hearing the same,PWs 2,3,5,and 6 who were in the neighbourhood ran up;they also came to know from Leela that appellant was the assailant.She was given water.The injuries were bandaged by PWs 1 to 3 using Thorthus,MOs 1,10 and 11.She was carried in a cot to the road and taken in a jeep to Perumbavoor Government Hospital by PWs 1,3,5,6 and others.