RATHEESH Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant, who is the accused in S.C.No.618/2004 of Additional Sessions Judge, Thodupuzha, (Adhoc)-II, challenges the judgment of conviction u/s.309 r/w 109 IPC. He was sentenced to simple imprisonment for one year and fine of 5,000/-, in default of payment of fine, simple imprisonment for three months, being aggrieved by that, he preferred this appeal.

(2.) The prosecution case is that on 8.11.2003, accused abetted Bajitha to commit suicide and on 9.11.2003 at 11 a.m. she consumed poison entrusted by the appellant, as a result, she became unconscious, immediately, she was taken to Taluk hospital, Thodupuzha and thereafter at Holy Family hospital, Muthalakodam where she had undergone treatment. Karimannoor Police registered crime No.200/2003 and after investigation, the Sub Inspector of Police, Karimannoor laid charge u/s.306 IPC before Judicial First Class Magistrate Court, Thodupuzha., from there it was committed to Sessions Court.

(3.) To prove the offence, prosecution examined PW1 to PW12 and marked Exts.P1 to P9 as documentary evidence. MO1 series were marked as material objects and Exts.D1 to D5 were marked during examination of witnesses. The incriminating circumstances brought out in evidence were denied by the accused while questioning him, and he was heard u/s.232 Cr.P.C, but he did not adduce any defence evidence. The trial Court convicted the accused.