NANDESAN Vs. STATE

JUDGEMENT

(1.) ADULTERY ranging to incest was attributed to this appellant by this sister -in -law Rajamma when the paternity of her now born child was in question. Upon such allegation being hurled, appellant hacked her (Rajamma) as well as her new born child to death on the morning of 7th October, 1988. This is the gravamen of the story. Appellant was convicted of double murder by the trial court and was sentenced to imprisonment for life. Following is the synopsis: Rajamma was married to appellant's younger brother Sreedharan and a daughter; (PW. 21 Sunitha) was born to them about sixteen years before the occurrence in th;s case. Rajamma's husband Sreedharan had undergone Vasectomy. some time after the birth of Sunitha and was leading a wayward life. This caused estrangement in the matrimonial life and eventually Sreedharan had deserted Rajamma when Sunitha was in infantile age. A few years later Rajamma became pregnant and the news created a flutter and grave concern in the family circles. When she delivered the baby she made prevaricative versions regarding the paternity of the child. Once she said that it was the appellant and later she said that it was appellant's son who was responsible for her pregnancy. Appellant could not stand the insult and made some efforts to shirk off the responsibility, but he found himself in a catch 22 situation. To wriggle out of it he determined to exterminate both the mother and her new born child. In furtherance thereof he gatecrashed into Rajamma's house on the morning of 7 -10 -1988 armed with a chopper and killed them both. He straight away proceeded to the police station with the blood stained chopper and surrendered himself to the police.

(2.) PROSECUTION had depended on circumstantial evidence to establish the case against the appellant, as nobody had witnessed the occurrence. Appellant denied his involvement in the murder when he was questioned under Section 313 of the Code of Criminal Procedure. Learned Sessions Judge found that prosecution has succeeded in establishing the case on the strength of circumstances arranged against the appellant.

(3.) THERE is undisputable evidence to show that Rajamma and her new born child were murdered by somebody on the morning of 7 -10 -1988. Exts. P31 and P33 are the post mortem certificates pertaining to the bodies of Rajamma and the child respectively. The ante mortem injuries noted down by the doctors in the certificates show that. the deceased were done to death by cutting them with sharp weapon.