POULOSE Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant is the sole accused in S.C. No. 248 of 2017 on the file of the Additional Sessions Judge-II, North Paravur and he is challenging the conviction and sentence imposed on him for the offences punishable under Ss. 449, 324 and 302 of IPC as per the impugned judgment dtd. 25/9/2018.

(2.) The prosecution case is that the deceased Eliamma is the mother of the wife of the accused and the building where the accused resided along with his wife Lissy and children belongs to Lissy and the deceased Eliamma and for the reason that the deceased refused to transfer the property to the name of the accused, he harassed his wife Lissy and his mother-in-law Eliamma and because of the threat from the side of the accused, earlier, two petitions were filed by the deceased in the Police Station and due to the intervention of the police on the basis of her complaint dtd. 24/2/2016, the accused was compelled to shift his residence to a rented accommodation and thereafter, again on 6/10/2016, the deceased filed a petition in the Police Station against the accused and even though the police searched for the accused, they could not find him.

(3.) On 11/10/2016, at about 6 a.m., while the deceased was proceeding from her house to the nearby shrine, the accused who was waiting in the rubber estate on the northern side of the house of the deceased approached her with a chopper and on seeing the accused, the deceased ran for her life and while running, the deceased warned her daughter Lissy to close the door by uttering the name of the accused. The deceased ran through the western side of her house towards the lean-to on the south western side of the house of CW2, Vinod, and while the deceased was screaming and knocking on the door of the said house seeking help, the accused who followed her with the chopper trespassed into the lean-to of the said house and inflicted two cut injuries on the left side of the head near the left ear and while the accused was attacking the deceased, CW2 opened the door of his house, and on seeing the occurrence he grabbed the accused. But, the accused escaped from the place of occurrence and in the meanwhile, the deceased who sustained grievous injuries fell inside the room and even though she was taken to Sanjo hospital at Perumbavoor at about 6.30 a.m., she was declared dead and the accused is thereby alleged to have committed the offences as aforesaid.