CHANDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The sole accused in Sessions Case No. 111 of 2002 on the file of the III Additional Sessions Judge (Ad hoc) Fast Track-I, Thrissur is challenging the conviction and sentence imposed on him under Section 302 of the Indian Penal Code in this appeal. The appellant was found guilty of the offence punishable under Section 302 I.P.C., convicted and sentenced to undergo imprisonment for life. Set off was also allowed.

(2.) The prosecution case is as follows: The appellant's wife and children deserted him about 2 1/2 years prior to the date of the incident and were living separately. The appellant believed that his mother was instrumental for the separation of his wife and children from him. He became enmical towards his mother. On account of that enmity, he committed the murder of his mother, Kousalya, a 70 year old woman, at about 11p.m. on 27-5-2001 in the building bearing No. 111/2001 of Puthur Panchayat which belonged to the deceased. The appellant was also residing in that house. At about 11 p.m. on 27-5-2001, the appellant beat the deceased mother with wooden sticks (M.0.1 series) and also kicked her. She died of the injuries sustained. On the early hours of next day, the appellant came out of his house, walked through the street and told each and every person met on the road that he killed his own mother. One Gopi and Sidharthan who heard the claim of the appellant went to the house of P.W.1 and told him that the accused told them that he committed the murder of his own mother. All the three went together to the house of Kousalya, the mother of the accused. They saw blood on the verandah. When they looked inside the house, they saw the dead body of Kousalya lying in the drawing room with injuries. P.W.1 went to the police station at 10 a.m. on 28-5-2001 and gave Ext.Pl F.I. Statement. P.W.13, A.S.I, of Police who was on duty recorded Ext.P1 and registered Ext.Pl(a) F.I.R. Further investigation of the case was conducted by P.W.14, the Circle Inspector of Police, Ollur. He went to the house of the deceased, prepared Ext.P3 inquest. He prepared the scene mahazar. He arrested the accused at 6.15 p.m. on that day itself. After inquest, the dead body was taken to Medical College Hospital, Thrissur for post mortem examination. P.W.9 conducted autopsy on the dead body of Kousalya and issued Ext.P5 post mortem certificate. When the investigation of the case was over, P.W. 14 filed the final report. The accused who was arrested on 28-5-2001 was under judicial custody.

(3.) The records show that on 28-6-2002, Advocate Sri K. Gopinathan was appointed as counsel on State Brief to defend the accused. But the judgment of the learned Sessions Judge shows that Advocate Sri K.K. Rajeevan appeared for the accused. It is not discernible from the records of the case as to when the appointment of Sri K. Gopinathan was terminated and Sri K.K. Rajeevan was appointed.