SOORAJ Vs. STATE

JUDGEMENT

(1.) What is involved in the main appeals is a crime of matricide where a young man by came Sooraj killed his mother 'Sundari alias Lakshmi Namyanaa'. The accused was convicted of the offences punishable under S.302 and 201 I. P. C. by the learned Addl. Sessions Judge, Pathanamthitta. The said conviction and sentence imposed therein are challenged by the accused in the appeal. In the revision the accused prays for an order to direct the above sentence to run concurrently with sentences awarded against him is C. C. 201/87 under S.380 and 457 I.P. C. by the Judicial Magistrate of First Class, Raani.

(2.) The prosecution case in short can be stated thus: The accused and his deceased mother were residing together in a house called 'Jayasadanam' in Chittar. In the first marriage with Kochukunju, the deceased had three children by name Snahaji, Jaya Thampi and Viroji. In the second marriage with Narayanan she had one son who is the accused in this ease, Narayanan was living separately since long. The accused and deceased were workers of two different political parties. Accused person's father Narayanan deasered the deceased because of her peripatetic life style due to political activities.

(3.) The accused pleaded not guilty to the charges levelled against for the offences under S.302 and 201 IPC, He was later examined under S.313 of the Code of Criminal Procedure after the prosecution evidence was completed. All the inculpatory circumstances revealed from evidence were put to him during the examinations. His case in short is this: He was residing along with his mother. She being a Congress (1) worker was in the habit of going for political work and returning home only after one or two weeks. In the month of November 1987, she had gone for political work bat not returned even after two weeks. This was informed to big elder brother (P, W, 1) and both of them together made enquiries about their mother but could not trace out her where abouts. It was in that situation P. W. 1 filed the complaint before the police alleging his mother was mining.