KESAVAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Appellant was indicted for uxoricide and now he stands convicted by the trial court of the offence under Sec.302 of the Indian Penal Code. The gist of prosecution case is that he killed his wife Omana by cutting her neck with a chopper on he evening of 7-11-1988. Sessions Court rejected his plea that he lost power of self control due to sudden and grave provocation. He filed this appeal from jail and we appointed Smt. V.A. Kasthuri to argue the,case for him on State Brief.

(2.) Further details of the prosecution story are the following: Appellant and deceased Omana were in love with each other even before marriage, and it is not certain whether their marriage was legally solemnized. However, they lived as husband and wife for about nine years. P.W.3 - Sreeja is the only child born to them. She wa sagedten when her mother was murdered. Although it was a love marriage, the married life was not sailing smooth for reasons good or bad. Frequently erupting skirmishes marred their connubial life and eventually they contemplated the idea of dissolving the alliance.

(3.) Appellant desired to finish his wife off. He got a chopper sharpened and reached his house by 5 p.m. on the fateful day. After saying this and that he inflicted a cut on her neck which pierced the jugular vein and common carotid artery.