BASHEER PALLIYALI Vs. STATE OF KERALA AND ORS.

JUDGEMENT

(1.) The appellant/accused, namely, Basheer Palliyali, was living with his wife Sulekha and two children. Sulekha was his third wife. Between the midnight of 16-1-2002 and the early hours of 17-1-2002, Sulekha died. Basheer was made the accused in the case. The charge against the accused was that he forcibly administered poison (furadan) to Sulekha at about midnight on 16-1-2002 with an intention to commit murder and the victim died due to poisoning. The prosecution alleged that the accused had an intention to marry Soudabi, the younger sister of Sulekha. Soudabi was a divorcee at that time. Sulekha, the deceased, was against the idea of the accused marrying Soudabi.

(2.) On intimation given to the father of Sulekha, he came to the spot. At 11 a.m. on 17-1-2002, he gave Ext. P-1 First Information Statement, on the basis of which Ext. P-9 FIR was registered for unnatural death. The post-mortem was conducted on 18-1-2002 by P.W. 5 and Ext. P-3 post-mortem certificate was issued. On 19-1-2002, the accused was arrested by P.W. 14. According to the prosecution, the accused made Ext P-7(a) confession statement, on the basis of which and as led by him, M.O.I to M.O. 4 were recovered from a place where they were hidden in the house of the accused. M.O.1 is the plastic cover containing crystalline substance, which, according to the prosecution, is furadan, a poisonous substance. M.O. 3 is the cash bill for the purchase of the poisonous substance. M.O. 1 to M.O. 3 were found in M.O. 4 shirt belonging to the accused. M.O. 1 to M.O. 4 were sent for chemical analysis. The viscera, liver, kidney, blood etc. taken from the body of Sulekha were also sent for chemical analysis. P.W. 15 completed the investigation in continuation of the investigation by C.W. 23 and submitted the final report before Court.

(3.) Before the trial court, P.W. 1 to P.W. 15 were examined, Exts. P-1 to P-14 were marked and M.O.1 to MO.4 were identified. As per the judgment dated 6-12-2004, the trial court found the accused guilty of the offence under Section 302 of the Indian Penal Code and he was sentenced to undergo imprisonment for life and to pay a fine of Rs. 50,000.