STATE OF KERALA Vs. AVARAN

JUDGEMENT

(1.) This appeal by the State is directed against the judgment of the learned Sessions Judge, Manjeri, in S.C. No.3 of 1979, by which the accused Avaran, charged with an offence under S.302 IPC. for the murder of his wife Mariyumma, has been acquitted.

(2.) Avaran, the accused had married Mariyumma, it being a love marriage according to Pw. 11 and the couple had two children, of age less than three and one. The accused had apparently prospered in his life and work. (Pw. 3 a neighbour of accused was one among the persons who used to work under him). Going by the details gatherable from the scene mahazar Ext. P11, the plan Ext. P12 and the inquest Ext. P7, he had recently moved into a spacious and storeyed building at Aravankara with modern amenities. The house with its courtyard abutted on the Valluvambram - Malappuram road. It had many rooms including an office room, kitchen and bathroom and a well. Close by was the public hydrant. On the east were the houses of Pw.3 (Pw.2 is her son residing in the same house) and Pw. 5, the distance being respectively 1 metre and 2 1/2 metres. On the west is the house of Pw. 1. A sports club is functioning near the house of Pw.1.

(3.) According to the prosecution evidence, the relationship between the spouses became strained and this resulted in the murder of Mariyumma in the midnight of 31-7-1978. The accused pretended as though his wife was missing from the house and at about 2.30 a.m. on 1-7-1978, woke up the next door neighbour Pw.3 and ascertained whether Mariyumma was there. The answer was naturally in the negative. An alarm was then raised. Pw.2 Muhammed, son of Pw.3, and Ami, another neighbour examined as Pw.4, who were awake by the time, also called out and searched for the missing Mariyumma. In the flash of light of a lorry which came by that way at that time, Mariyumma's dead body was spotted out. She was having a black blouse and a lunki at that time, smeared with mud and drenched in water. The women, pws.3,4 and others, took the body inside the house. They felt, wrongly as it turned out, that she was still alive. The dirty clothes on her body were removed. The body was covered by a fresh cloth. Pw.2 and accused then called the neighbour Pw. 5, Mamunni. He also went to the house of the accused. Pw. 5 informed Pw. 8, Unneethri Master, a respectable man of the locality and aged 68 years, residing within 200 yards from the house of the accused. Pw. 8 directed Pw. 5 to fetch Pw. 1. Pw. 1 who was sleeping in the sports club was also thus brought to the house of the accused. Pw. 8's uncle Kunhammed Haji was a rich man of the locality who could command vehicles, car and jeep. Pw. 8 made some searching questions to the accused. The answers disclosed a disturbed mind which aroused suspicion in Pw. 8 about the accused. He then gave instructions that the police and the near relatives of Mariyumma be informed. (Mariyumma had an elder sister Ayisha and a brother Alavi, Pw. 9 Mohammad being the husband of the elder sister and Pw. 11 Achutty being the wife of the brother). Pw. 1 accordingly proceeded in a jeep and gave the First Information Statement, Ext. P1, before the Sub Inspector, Pw. 22 at 8 a. m. on 1-8-1978. A case was registered as Crime No. 243 of 1978 in respect of an "unnatural death". The inquest was also held by Pw. 22, the report being Ext. P7. He took into custody the ornaments (M. Os. 3 and 4) and clothes (M. Os. 5 and 6) of Mariyumma and some scrappings of blood (M. O.7) clotted in the courtyard. The body of Mariyumma taken to the Medical College Hospital, Calicut, was subjected to post mortem examination by Pw. 16, Dr. Chandran, who issued Ext. P8 post mortem certificate on 2-8-1978. The injuries on the dead body were noted; and the cause of death was shown as 'throttling'. The injuries so noted were: