LAWS(KER)-2025-1-189

M. A. SHAJAN Vs. STATE OF KERALA

Decided On January 07, 2025
M. A. Shajan Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) This appeal is preferred by the sole accused in S.C.No. 531 of 2014 on the file of the Additional Sessions Judge-III, Palakkad, challenging the finding of guilt, conviction, and sentence passed by the learned Sessions Judge.

(2.) In the above appeal, the appellant was charged for having committed offence punishable under Ss. 302, and 201 of the IPC. By the impugned judgment dtd. 12/4/2018, he was found guilty under Sec. 302 of the IPC and was sentenced to undergo imprisonment for life and to pay a fine of Rs.50,000.00 with a default clause. He was also convicted and sentenced to undergo RI for five years and to pay a fine of Rs.25,000.00 for the offence under Sec. 201 of the IPC. Both the sentences were ordered to run concurrently.

(3.) The allegation against the appellant as per the charge are as under: The deceased Leena was married to one Thomas and she had two children in her marriage. Leena developed an affair with the appellant while her husband was working overseas. In the year 2003, Leena left her husband and children and eloped with the appellant. They went to Palakkad and started residing in a house owned by one Rema Devi on rent. Leena secured employment in an establishment by the name 'M.S.Traders ' situated in Manjakulam at Palakkad. While they were residing together, their relationship became strained. The prosecution alleges that the appellant suspected the chastity of his live-in partner. On 26/7/2007, after a brief quarrel, Leena decided not to go to work. It is alleged that at about 3.15 p.m. on 26/7/2007, the appellant brutally manhandled Leena and thereafter, tied a cloth around her neck and strangulated her. In order to cause the disappearance of evidence, the appellant is alleged to have dismembered the body of Leena and thereafter, packed pieces of the body parts in cardboard boxes and disposed of the same in various places in and around Palakkad and elsewhere. The registration of various crimes: