SANTHOSH Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is filed us 374(2) of Cr.P.C. by the accused in S.C. No. 394 of 2017 on the file of the Additional District and Sessions Judge, Ernakulam, challenging the conviction and the sentence passed against him for the offence punishable under Sec. 302 of IPC.

(2.) The prosecution case is that the accused suspected the fidelity of his wife and for the reason that she refused to give money for purchasing liquor, the accused, a habitual drunkard, caught hold of the neck of the deceased and hit her head on the wall of the hall room of the house bearing No.XII/452of Vadakkekara Grama Panchayat and when the victim fell down, he sat over her body and strangulated her and thereby, caused her death on 24/7/2016 in between 8 pm and 8.30 pm., and the accused is thereby alleged to have committed the offence as aforesaid.

(3.) On the basis of Exhibit P1 First Information Statement of PW1, Exhibit P16 FIR was registered on 25/7/2016. by PW24, Station House Officer of Vadakkekara Police Station and PW25, Circle Inspector of North Paravur, who was in additional charge of the Circle Inspector of Vadakkekkara, conducted the investigation from 25/7/2016 onwards and theareafter, PW26, Circle Inspector of Vadakkekkara completed the investigation and filed the final report. The Judicial First Class Magistrate Court-I North Paravur committed the case to the Court of Sessions, Ernakulam as per the order in C.P No. 64/2016 and in the Sessions Court, the case was numbered as S.C. No. 394 of 2017 and made over to the Additional District and Sessions Judge, Ernakulam for trial.