RAVEENDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) These appeals arise from the judgment of the Sessions Court, Tellicherry in Sessions Case No. 27 of 1989. Criminal Appeal No. 87 of 1990 is filed by accused 1 and 2. The first accused is convicted for offences under S.302 and 201 IPC. and second accused under S.201 IPC. Criminal Appeal No. 316 of 1990 is filed by the State against the acquittal of second accused of offences under S.302 and 201 IPC. and the acquittal of third accused of all offences invoking provision under S.378 of the Code of Criminal Procedure (hereinafter referred to as 'the Code').

(2.) The case of the prosecution can be summarised briefly thus Deceased Yeshoda had developed intimacy with one Gopalan who promised to marry her. She became pregnant as a result of sexual relationship with him before the marriage between them could take place. While so, Gopalan died suddenly. Yeshoda gave birth to a son called Vijesh. Thereafter Yeshoda and Ravindran (first accused) came close to each other and love developed between them. The parents of Ravindran did not approve this relationship. But the marriage between them did take place and a registered deed was executed on 19-8-1986. Yeshoda purchased five cents of land of her own funds at a place called ' Kappad ' and constructed a small house. They lived there cordially for some time but later their marital life ran into rough weather. Ravindran decided dissolution of his marriage with Yeshoda. He took Yeshoda to her house at the time of Assembly Election in the year 1987. Thereafter Ravindran did not visit the house of Yeshoda. However, Yeshoda used to visit the house of Ravindran at Thillenkeri. On 1-3-1988 Yeshoda went to Thillenkeri as demanded by Ravindran. Ravindran made a promise to her that he would purchase a house for her at Badagara where she could live with one of her brothers. On 3-3-1988 Yeshoda at about 8 a. m. went to Kakkengad to meet her husband who had informed her that he would come with jeep to fetch her. Next day Devasia (P. W. 8.) informed her brother (P. W. 6) that he had seen Yeshoda with Ravindran in a jeep at Payam Mukku, That did not cause any suspicion since Yeshoda used to go with Ravindran and reside together as they liked. Some time later Muraleedharan (P. W. 23) younger brother of Yeshoda went to Iritty for marketing and he happened to meet Ravindran there. Ravindran asked him whether Yeshoda was there in the house. When he replied that Yeshoda was not there Ravindran told him that he should inform his sister that he had contracted second marriage. P.W. 23 conveyed this information to his brother P.W. 6 and mother (P. W. 16). Thereupon P.W. 16 and P.W. 23 went to Thillenkeri and made enquiries about Yeshoda. To their surprise Ravindran said that he did not know anything about Yeshoda, They went to Kappad and Badagara and made enquiries as to the whereabouts of Yeshoda. The efforts made by them to find out Yeshoda did not succeed. Under that situation P.W. 6 and P.W. 16 went to Paravoor police station and told about missing of Yeshoda. There upon C. I. of Police took P.W. 6 and P.W. 16 to the office of the Revenue Divisional Officer at Tellicherry Certain articles recovered from the deadbody of a lady were lying there in that office. Those articles were shown to PWs 6 and 16 and after seeing those articles, they were convicted that those articles belonging to Yeshoda. On 30-3-1988 P.W. 1 and one Bhaskaran saw a deadbody of a woman in a ravine. They happened to see the dead body when they experienced a foul smell at the place of 36th K. M. stone on Tellicherry - Manantavady road. P.W. 1 immediately went to Kelakam police station and gave a statement to the police. P.W. 33 Head Constable recorded the statement and registered a crime describing "unnatural death". P.W. 35 Circle Inspector took up the investigation of the case on 31-3-1988. He went to the scene where dead body was lying and held inquest and prepared a report (Ext. P8). M. Os 1 to 7 were recovered from the dead body. The dead body was thereafter sent for post mortem examination and Doctor issued Ext. P10 certificate. After getting the report of the Chemical Analyst the doctor confirmed that the death was a clear case of homicide. M.O. 13 is the skull of the deceased Yeshoda. Skull photograph of the deceased (Ext. P28) and a saree of the deceased (M.O.14) were sent to Forensic Science Laboratory at Trivandrum for super imposition. On 7-7-1988, P.W. 35 sent a report to the court for altering the charge. Subsequently the first accused was arrested on 11-7-1988. M.O. 10 wrist watch belonging to Yeshoda was recovered pursuant to statement of first accused (Ext. P30). The second accused was arrested at 9.30 a. m on 11-7-1988. M.O. 9 padasaram and M.O. 8 thali were recovered pursuant to the statement given by the second accused. Third accused was also arrested on the same day and his jeep KLA 1170 was also seized. Two stones (M. Os. 11 and 12) were recovered by P.W. 35 pursuant to Ext. 26 and Ext. P27 statements given by accused 1 and 2 respectively. The investigation was later taken over by P.W. 34, After completing the investigation charge was laid by P.W. 34.

(3.) The learned Sessions Judge framed charges against all the three accused under S.302, 201 read with S.34 IPC. The accused persons pleaded not guilty to the charges. They were later questioned under S.313 of the Code, after the completion of prosecution evidence. All the incriminating circumstances revealed from the evidence were out to the accused. Accused 1 and 2 urged that they were falsely implicated in the case at the instance of P.W. 6, Third accused pleaded that he is innocent of all charges levelled against him.