POLACHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Accused was charged under S.302 IPC for causing the death of Thressiamma, aged 40 at about 6 AM on 2-10-1988. Learned Additional Sessions Judge, Parur found him guilty of the offence punishable under S.302 IPC convicted him and sentenced him to undergo imprisonment for life with a direction that the imprisonment in this case, "will not be clubbed with the term of life imprisonment in the earlier case i.e. SC 114/89". Accused challenges the said finding, conviction and sentence in this appeal. The Crl.R.C. is against the aforesaid direction made by the Sessions Judge.

(2.) The allegation against the accused was that his father Kochagusthy had illicit relationship with the said Thressiamma on account of which the family life of Kochagusthy become strained. He sold his properties and brought havoc to the family on account of his illicit intimacy with Thressiamma. Therefore, the accused had enmity against Thressiamma. At about 6 AM on 2-10-1988 in the north-eastern court yard of Thressiamma's house situated in Thuravoor Panchayat, accused beat her on her head with MO-1 repeatedly and caused her death. PW-1, a neighbour who was attracted to the scene on hearing the alarm by PW-2 when reached the scene saw the accused fleeing with MO-1. He found Thressiamma lying dead in a pool of blood. He proceeded to the police station and tendered Ext. P1 F.I. statement before PW-15, Sub Inspector of Police at 7.40 AM on the basis of which he registered Ext. P1(b) FIR under S.302 IPC against the accused. PW 16, Circle Inspector of Police took over the investigation. He held inquest Ext. P4 to which PW-10 is the attestor. PW-11 conducted the autopsy on the dead body of Thressiamma and issued Ext. P5 post mortem certificate. PW-16 arrested the accused on 6-10-1988 at 3 PM from the Ernakulam South Railway Station. As per Ext. P7(c) information received from the accused he recovered MOs.2 and 3 lunki and shirt under Ext. P7. He questioned the witnesses, completed the investigation and laid the charge before court. Prosecution examined PWs.1 to 16 produced Exts. P1 to P10(b) and identified MOs. 1 to 7. On the side of the defence DW-1 was examined. Exts. XI and XI(a) were also marked. Accused denied the allegations against him.

(3.) Prosecution relies on the evidence of occurrence witnesses PWs.2 and.3, the evidence of PWs.1 and 4 to the effect that they saw the accused fleeing from the scene with MO-1, the extra judicial confession spoken to by PWs.1,4 and 8 and the evidence of recovery of MOs.2 and 3 pursuant to Ext. P7(a) information received from the accused to bring home the guilt of the accused.