SAMIRUDHEEN Vs. STATE OF KERALA

JUDGEMENT

(1.) The sole accused in S.C.No.9 of 2013 on the files of the Court of the First Additional Sessions Judge, Thodupuzha is the appellant in the appeal. He stands convicted and sentenced for offences punishable under Ss. 302 and 307 of the Indian Penal Code (IPC). The appellant is aggrieved by his conviction and sentence in the said case and hence this appeal.

(2.) The accused hails from Biaora in Madhya Pradesh. His wife Renis who was working at Biaora, hails from Nedumkandam. The accused and Renis had a child aged seven months. The accused came to Nedumkandam with Renis and the child in connection with the marriage of the younger sister of Renis. Since the marriage was postponed, they decided to stay back at Nedumkandam in the house of Renis until the marriage. While so, the parents of the accused insisted the accused to return to Madhya Pradesh. The accused was not prepared to do so without Renis and the child. Renis was reluctant to return to Madhya Pradesh until the marriage of her younger sister. There arose an argument between the husband and wife in connection with the same and it was while so, the occurrence which is the subject matter of the case, took place on 17/2/2011. The case of the prosecution is that the accused, on account of his enmity towards Renis for not accompanying him to Biaora, repeatedly struck on her head as also on the forehead of their child with a rolling pin at about 3.30 p.m. on the relevant day and thereby caused grievous hurt to Renis and caused death of the child. The offences alleged are the offences punishable under Ss. 302 and 307 IPC.

(3.) On the accused being committed to trial, the Court of Session framed charges against him to which he pleaded not guilty. Thereupon, the prosecution examined 21 witnesses as PWs1 to 21 and proved through them 16 documents as Exts.P1 to P16. Exts.D1 to D5 are the Case Diary statements of the witnesses proved at the instance of the accused and MOs.1 to 9 are the material objects. When the incriminating evidence were put to the accused in terms of the provisions contained in Sec. 313 of the Code, he denied the same and pleaded that he is falsely implicated in the case. The Court of Session, on a consideration of the evidence on record, held that the accused is guilty of the offences for which he is charged, convicted and sentenced him to undergo imprisonment for life and to pay fine for the offence punishable under Sec. 302 IPC and rigorous imprisonment for a period of 10 years and fine for the offence punishable under Sec. 307 IPC. As noted, the accused is aggrieved by his conviction and sentence.