RAMAN Vs. THE STATE OF KERALA

JUDGEMENT

(1.) The appellant, the accused in Sessions Case No.308 of 2010 on the file of the Court of Session, Palakkad, was found guilty for the offence under Section 302 of the IPC and he was sentenced to undergo imprisonment for life and to pay a fine of Rs. 10,000/- and, in default of payment of fine, to undergo rigorous imprisonment for a period of one year. The conviction and sentence are under challenge in this appeal.

(2.) The prosecution case is that on the night intervening 20/11/2008 and 21/11/2008, the accused inflicted injuries on various parts of the body of his wife, Kunhamma, with sticks and due to the combined effect of the multiple injuries sustained by her, she died. The prosecution alleged that the accused suspected that his wife had illicit relationship with other persons and that was the motive alleged by the prosecution. PW1, a neighbour of the accused furnished Ext.P1 First Information Statement before the police, which was registered by PW5, the Sub- Inspector of Police, Sreekrishnapuram, as per Ext.P1(a) FIR. PW8, the Circle Inspector of Police, investigated the case and laid the charge. On behalf of the prosecution, PWs.1 to 9 were examined and Exts.P1 to P10 were marked and MOs.1 to 3 were identified. Ext.D1 Ration Card was marked on the side of the defence.

(3.) PW1, Subramanian, is a neighbour of the accused. He stated in evidence that at about 4.00 a.m. on the date of the incident the accused came to his house and woke him up. The accused stated to PW1 that he had beaten his wife with a stick and that it is likely that he would have to go to jail. PW1 stated that he enquired with the accused as to whether the injured died as a result of the injuries. The accused replied that though water was given to Kunhamma, she did not drink the same. After sometime, PW1 went to the house of the accused and he saw Kunhamma lying dead in the house. PW1 testified that the accused had suspicion about the chastity of Kunhamma. He also stated that the accused used to manhandle his wife after coming drunk. Kunhamma was in the house of his daughter and only a few days back, she came to the house of the accused.