K RAMA Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant is the accused in S.C.No.142 of 2005 on the files of the Additional Sessions Court (Adhoc-II), Kasaragod, who in this appeal challenges the judgment of conviction and sentence passed by the trial court under Section 302 I.P.C.

(2.) The prosecution allegation is that on 21.2.2003, at about 9 a.m., the appellant inflicted stab injuries on his wife Sumathi with MO1 knife at a place in Kuthingala-Machavu mud road in Coppalamoola and as a consequence, Sumathi died at or about the same time. On the basis of Exhibit P9 statement given by PW1, CW24 (not examined) registered Exhibit P22 F.I.R. The investigation was taken over by CW25 (not examined). CW25 arrested the appellant on 21.2.2003. He also went to the place of occurrence and prepared Exhibit P2 scene mahazar. When arrested and questioned, the appellant had given Exhibit P17 disclosure statement to CW25 and in pursuance to the said disclosure statement and as led by the appellant, MO1 knife was recovered as per Ext.P3 seizure mahazar at the instance of the appellant. The investigation was taken over by PW18 on 17.2.2004. After completing the investigation, PW18 laid the charge before the Magistrate Court concerned.

(3.) The learned Magistrate, after complying with the legal formalities, committed the case to the Sessions Court, Kasaragod. The Sessions Court made over the case to the trial court for trial and disposal in accordance with law.