RAGESH Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant is the sole accused in Sessions Case No.373/2018 on the file of the Additional District and Sessions Court-VI, Thiruvananthapuram. He stands convicted for murdering his father-in-law. The accused was residing along with his wife, minor child, parents-in-law and brother-in-law. On 18/11/2017, at about 1.45 p.m., the accused came home for having lunch. When he demanded lunch, his wife who was holding the child and told the accused to wait till the child sleeps. Infuriated by the same, the accused demanded to return back the money he had given to her on the previous day. At that time also she told him that she could return the money only after the child sleeps. The accused at that time, abused his wife and assaulted her. On seeing the same, the deceased, who is his father-in-law, intervened and questioned the conduct of the accused. Infuriated by the same, the accused has taken a seat-board (?? ????) which was present there and threw the same towards the deceased. It hit on the head of the deceased, causing injury on his head. The deceased questioned the accused as to why he had thrown the seat board on his head. At that time, his wife and daughter tried to pacify him and took him to the kitchen. In the mean time, the accused went inside the bed room, came out with a pair of scissors and stabbed on the chest of the deceased and then he ran away. Though immediately he was taken to the Taluk hospital, Vithura at about 2.30 p.m. he succumbed to the injury.

(2.) The accused was charged under Ss. 294(b), 324 and 302 of the Indian Penal Code. The evidence in this case consists of the oral testimonies of PW1 to 17 and documentary evidence Exts.P1 to P25 on the side of the prosecution. MOs1 to 10 were also identified. On the side of the accused, portions of 161 Cr.P.C statement of PWs1 and 2 were marked as Exts.D1 and D2. After appreciating the available evidence, the trial court found the accused guilty of all the charges against him, convicted and sentenced him to undergo imprisonment for life and also to pay a fine of Rs.3,00,000.00 under Sec. 302 of IPC. He was also punished under Sec. 324 IPC and under Sec. 294(b) IPC. Aggrieved by the above judgment of conviction and sentence, he preferred this appeal raising various contentions.

(3.) Now the points that arise for consideration are the following :