POCKUNJU THARAPPATTU LAKSHAMVEEDU Vs. STATE OF KERALA

JUDGEMENT

(1.) When a panchayat member saw the dead body of a woman floating in the river beneath Pulikcezhu bridge, he promptly reported the matter to the local police. The dead body was later identified as that of one Pathumma Beevi, who was mother of six children and grandmother of two children. After investigation, police alleged that Pathumma Beevi was murdered by the appellant who is a relative of her husband. Sessions Judge convicted him of S.302 and 392 of the Indian Penal Code and sentenced him to imprisonment for life and rigorous imprisonment for 7 years, respectively. He has filed this appeal.

(2.) Prosecution case is that when appellant met Pathumma Beevi on 25-10-1988 at the house of her husband's nephew (one Alikutty, who had come on leave from a Gulf country) appellant decoyed her to the place where she died by pretending that he would get cloth pieces from his friend's house. The further case is that when they reached near the place, appellant pushed her into the river and kept her immersed in water forcibly until she died and then removed her gold ornaments worth Rs.4,300/-.

(3.) The dead body was first spotted on the morning of 26-10-1988 by a girl whose residence was in the vicinity of Pulikeezhu bridge. She informed the local panchayat member (PW.1) about it. The clothes worn on the dead body indicated that she was a Muslim woman, and hence the body was burned in the burial ground attached to a mosque after holding the inquest and conducting the autopsy.