THANKAPPAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Appellant was the accused in S.C.No.36/98 on the file of III Additional Sessions Judge, Thrissur. He was convicted and sentenced to imprisonment for life for the offence under S.302 I.P.C., rigorous imprisonment for seven years for the offence under S.392 of I.P.C. and rigorous imprisonment for four years for the offence under S.201 I.P.C. Charge against the appellant was that he brought deceased Lysamma to Athirappally water falls on 27-1-1995 and intentionally caused her death by administering poison through mouth and also committed theft of her gold ornaments and also threw her deadbody in Athirappally river with an intention to cause disappearance of the evidence and thereby committed offence under S.302, 392 and 201 I.P.C. Appellant pleaded not guilty. Prosecution examined 25 witnesses and marked Exts. P 1 to P 19 and identified M. Os. 1 to 19. On the side of the appellant, Exts. D 1 and D 2 portions of the statements of P. Ws. 7 and 14 recorded by P. W. 23 the investigating officer under S.161 Cr. P.C. were confronted and marked. Though appellant was called upon to enter on his defence and adduce evidence, he did not adduce any evidence. On these evidence, learned Additional Sessions Judge found appellant guilty and convicted and sentenced him as stated earlier.

(2.) PROSECUTION case in brief is as follows: Lysamma a spinster, aged 26 years was working in Amina Press, Poothole. On the morning of 27-1-1995, as usual, she had gone to the Press. But she did not return back in the evening. Her whereabouts were not known to P.W. 3, her mother, P.W. 2 and 4 the brother and sister. Though P.W. 2 and others made enquiries in the houses of their relatives and friends they could not get any information. On the evening of 1-2-1995 at 5.30 p.m. Markose the brother of P.W. 2 furnished information about the missing of Lysamma. Ext. P 2 First Information Report was recorded by P.W. 21, the then Sub Inspector of Police, Viyyur Police Station and Crime 23/95 was registered under the caption women missing. On 13-2-1995 at about 12.30 p.m. P.W. 1 Parameswaran, Watcher of Vazhachal Forest Division found the deadbody of a lady in a partially decomposed stage at Karikkappara. The body was lying in the river among the rocks. P.W. 1 furnished Ext. P 1 First Information Statement which was recorded by P.W. 20, the Head Constable and registered the case. Getting information about finding of the deadbody of a lady at Athirappally river, P.W. 2 the elder brother along with other relatives reached there and identified the deadbody as that of Lysamma. P.W. 23, the Circle Inspector of Chalakkudy Police took over the investigation. Appellant was the son of the sister of the mother of P.W. 3. Since seven years before the date of occurrence, appellant was staying in the house of P.W. 3. P.W. 3 had six children three sons and three daughters. Except the youngest daughter Lysamma all were married. Along with P.W. 3, her husband and Babu youngest son and his wife, child and Lysamma were residing. P.W. 2 the eldest son was residing in a nearby house. Deceased Lysamma was six months pregnant at the time of her death. According to prosecution, appellant was responsible for her pregnancy and he was planning to avoid deceased Lysamma and had gone to the house of P.W. 8 with a proposal to marry his daughter and appellant had the motive to cause the death of Lysamma so as to enable him to marry another lady and intended to avoid Lysamma forever. According to prosecution, Lysamma was taken by appellant to Athirappally and administered poison and caused her death and also committed robbery of her ornaments which were later recovered on the information furnished by the appellant.

(3.) LEARNED Additional Sessions Judge accepted evidence of P.W. 5 and P.W. 10 and held that appellant and deceased were last seen together on 27-1-1995 and thereafter her deadbody was found and therefore it is a strong circumstance against the appellant. The learned Additional Sessions Judge also accepted the recovery of M. O. 5 bag, M. Os. 1, 2 and 11 ornaments of the deceased on the information furnished by the appellant and also on the recovery of M. O. 12 empty container of insecticide which was used as the poison to cause the death of Lysamma. The learned Additional Sessions Judge also found that prosecution has established the motive and therefore accepting the circumstantial evidence found appellant guilty of all the offences and convicted and sentenced him as stated earlier which is challenged in the appeal.