PAPPACHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Accused was charged under S.302, 392 and 397 IPC for causing the death of his wife Moly @ Mariyam and having robbed her studs worn by her. Learned Sessions Judge, Wayanad found the accused guilty of the offence punishable under S.302 IPC, convicted and sentenced him to death. He was acquitted of the offences punishable under S.392 and 397 IPC. The accused challenges the said conviction and sentence in this appeal ; the reference is for confirmation of the death sentence imposed on the accused.

(2.) The prosecution case can be summarised as follows :

(3.) Investigation was taken over by PW-24. He went to the scene of occurrence and held Ext. P 3 inquest. In the meanwhile he informed PW-20, the Finger Print Expert who reached the scene of occurrence and on noticing three finger prints on MO-2 knife which was lying Sat the scene he developed and preserved the same and affixed his initials. Under Ext. P3 inquest PW-24 seized MO-2 knife, MO-3 milk can carried by Moly and MOs. 4 to 12 personal belongings of Moly. The dead-body was sent for post mortem, Autopsy was conducted by PW-17. He issued Ext. P7 post mortem report. PW-24 also prepared Ext. P2 scene mahazar on the next day.