THULASI Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in S.C. 463 of 2001 of Sessions Division, Pathanamthitta convicted by the Additional Sessions Judge, Pathanamthitta for offences under S.302, 307 and 324 IPC and sentenced thereunder respectively for imprisonment for life; to rigorous imprisonment for five years and to rigorous imprisonment for one year vide judgment dated 13-09-2002 is the appellant. He stood charge sheeted by the Circle Inspector of Police, Adoor in Crime No. 28 of 2000 of Adoor Police Station for offences punishable under S.302 and 307 IPC. On the allegation that at about 10.15 a.m. on 12-1-2000 with the intention of causing death of the now deceased Kalyani, the accused inflicted cut with a chopper on the back of her neck while in the northern courtyard of her house on account of animosity he developed towards her for having asked him to shift his residence from the said house: that the deceased succumbed to the said injury and the accused thereby committed offence punishable under S.302 IPC and further that at about the same time and place he caused cut injuries on the right and back side of neck of Chandrika and cut injuries on the portion of both ears of Omana with the same chopper while she intervened and thereby he committed also offence punishable under S.307 IPC.

(2.) The appellant denied the charge and was tried by the court below. After trial the court below found the appellant guilty of offences punishable under S.302, 307 and 324 IPC, convicted him thereunder and sentenced him for those offences as already stated. Hence this appeal by the aggrieved convict from jail.

(3.) The facts necessary for appreciation of the evidence in the case, which are beyond the pale of controversy can briefly be stated thus :- PW 1 Gopi and PW 3 chandrika are respectively the son and daughter of deceased Kalyani. PW 2 Omana is wife of Raman another son of the deceased. The deceased was having his residence at Ratheesh Bhavan. Along with her were residing her son Raman with his wife Omana (PW 2), her daughter Saraswathi along with her husband Sivarajan and also the accused Thulasi who is son of the younger brother of the husband of the deceased. PW 5 Sobha is daughter of Paramu the brother of the deceased and Sivarajan the husband of Saraswathi is brother of PW 5. Sivarajan died of electrocution on 10-1-2000. On 12-1-2000 was the religious rituals in connection with death of Sivarajan. The accused who has his family house at Karunagappally was staying at the house of the deceased separated from his wife. On the fateful day (12-1-2000) the members of the family of the deceased and her relatives had assembled at her house to partake in the function. Feeding ("pattinikanji") who also being arranged for that day. For the purpose, the deceased, PW 2, PW 3, PW 5 and CW 5 Lakshmi were dressing, cleaning and chopping jack fruit and the accused was dehusking coconut with MO 1 Chopper in the northern courtyard of Ratheesh Bhavan. The house of PW 3 Chandrika is on the south of Ratheesh Bhavan and on the south of Ratheesh Bhavan is also a cow shed.