STATE OF KERALA Vs. SADANANDAN

JUDGEMENT

(1.) State has filed the appeal against the acquittal of accused 1 and 2 (respondents 1 and 2). A-1 and A-2 were charged under. S.302 read with S.34 of the Indian Penal Code for having caused the death of Lalitha, wife of A-1. Learned Additional Sessions Judge found them not guilty and acquitted them.

(2.) A-2 is the mother of A-1. Lalitha (deceased) was the wife of A-1. Three children were born in the wedlock, P.W.7, Manoj is the eldest of the children. A-1, A-2, deceased and children were residing in the same house. Prosecution case is that on 3-9-1986 A-1 came back to the house after work, that he, his wife (deceased) and children had supper, that at the instigation of his mother (A-2) he assaulted the deceased by holding her scalp hair and smashing her head against the wall, that the deceased abused A-2, that A-2 beat the deceased with M.O.1 wooden piece, that she fell on the mat unconscious, that P.W.7 cried, that A-1 locked P.W.7 in the adjacent room, and that seeing the deceased unconscious A-1 and A-2 carried her and put her in the punja field. On getting information about the incident P.W.I, brother of the deceased lodged Ext. P-1 first information statement to P.W.18 Head Constable. Crime was registered as unnatural death. Investigation was done by C.W.26, Circle Inspector and C. W.27 Dy. S.P. They were examined on the defence side as D.Ws. 2 and 1 respectively. Subsequently Crime Branch undertook the investigation. P.W.22 completed the investigation and laid the charge before the Court.

(3.) Prosecution mainly relied on the testimony of PWs 7,9 and 10. P.W.7 is. the son of A-1 and the deceased. He is a child witness. The learned Additional Sessions . Judge did not place any reliance on his testimony.