P. C. LALITHA Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellants, a mother and her son, were the 1st and 2nd accused in S.C. No. 520 of 2013 before the Additional Sessions Judge-III, Kasaragod. They were charged with the murder of the 1st appellant 's husband 's brother. By the impugned judgment, they were found guilty under Sec. 302 of the Indian Penal Code and sentenced to life imprisonment, along with a fine of Rs.50,000.00 each, with a default clause.

(2.) The 1st appellant is the wife of Chandrashekhara Gowda, and the deceased, Mudhappa Gowda, is the brother of Chandrashekhara Gowda. It appears that there was a dispute between the deceased and the appellant regarding the drawing of water from a pond situated near the house of the deceased. As per the charge, on 4/3/2011 at 6:15 p.m., the appellants proceeded to the property of the deceased to draw water from the pond. The prosecution alleges that a dispute occurred between the parties and the 1st appellant, who was allegedly armed with a chopper, inflicted a cut injury on the head and other parts of the body of the deceased, while the 2nd appellant attacked the deceased with a rafter, causing injuries.

(3.) Hearing the cries of the deceased, his son Vishwanath, who was examined as PW2, rushed to the spot. He is alleged to have seen the last phase of the incident. On hearing his cries, the appellants retreated to their home which was situated nearby. PW2 found his father lying on the ground with injuries. Shortly thereafter, his mother, Meenakshi, arrived at the scene. PW1, a Panchayat Member, and one Ananda Gowda arrived immediately thereafter. However, PW2 did not deem it necessary to rush the injured to the hospital, as according to him, his father had by then succumbed to the injuries sustained.