SHANAVAS Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant is the sole accused in S.C.No.679 of 2012 on the files of the Court of the First Additional Sessions Judge, Kollam. He stands convicted and sentenced for the offences punishable under Ss. 302 and 307 of the Indian Penal Code (IPC).

(2.) The appellant who was working as a helper in a sawmill was married to one Sheeja and they were residing with their 3 year old daughter in a rented house. Since the appellant did not report to work on 28/5/2011, the son of the employer of the appellant along with another person came to his house in search of him. Since there was no response from the appellant when they called out his name from outside the house, they entered inside the house through its back door which was found open then. On entering the house, they saw Sheeja lying dead inside the house. The matter was brought to the notice of the neighbours and they, in turn, informed the same to the local Panchayat Member. The Panchayat Member then passed on the information to Kottiyam police and based on the same, a case was registered. The investigation in the case revealed that it was the appellant who caused the death of his wife. It was also revealed in the investigation that the appellant had attempted to kill his 3 year old daughter as well. A final report was accordingly filed against the appellant before the Jurisdictional Magistrate alleging commission of offences punishable under Ss. 302 and 307 IPC. The accusation in the case is that at about 8 p.m. on 27/5/2011, the appellant, with the intention of committing the murder of Sheeja, severely manhandled her in the bedroom of their house and when she fell down unconscious, the appellant strangulated her to death by tying a cable around her neck.

(3.) On the appellant being committed to trial, the Court of Session framed charges against him, to which he pleaded not guilty. Thereupon, the prosecution examined 19 witnesses on their side as PWs 1 to 19 and proved through them 20 documents Exts.P1 to P20. MOs 1 to 21 are the material objects in the case. When the incriminating evidence was put to the appellant, he denied the same. Thereupon, on a consideration of the evidence on record, the Court of Session found the appellant guilty of the offences alleged against him, convicted and sentenced him, among others, to undergo imprisonment for life. The appellant is aggrieved by his conviction and sentence, hence this appeal.