MOHAMMED ASHRAF Vs. STATE OF KERALA

JUDGEMENT

(1.) The above appeal is directed against the judgment dtd. 31/10/2018 in S.C. No. 71 of 2015 on the files of II Additional Sessions Judge, Manjeri, as per which, the appellant, who was charged for having committed offences punishable under Sec. 302 of the IPC was found guilty and was sentenced to undergo imprisonment for life.

(2.) The accused, Mohammed Ashraf @ Ashraf, is one of the sons of Muhammed, the deceased in the instant case. Muhammed had four children with his wife, Khadeeja (PW21), out of which two were sons. The accused was the eldest. While so, Muhammed expressed his intent to marry Fousiya (PW6) during the subsistence of his marriage with Khadeeja. This decision was met with strong opposition from the family members, who found it revolting. Despite their objections, Muhammed remained adamant about proceeding with the alliance and, for this purpose, flew down to India on 3/9/2014. On the date of his arrival, his daughters, Ummukulsu (CW4) and Hajara (CW5), reached the family home. On 4/9/2014, after lunch, Khadeeja left the house to drop her daughters at their respective matrimonial homes. At that time, the deceased, the accused, PW20, and her minor child were present in the house. At about 3-3:30 p.m, PW20, along with her child, went to the neighbouring house of Khadeeja (PW4). While she was at the neighbour's house, the accused was seen leaving the premises. At approximately 5:00 p.m., PW21 returned home, only to be shocked by the sight of her husband lying on the bed with multiple cut injuries on his neck and other parts of the body. Panicked, she rushed out and informed Ashique (PW1), who resided nearby.

(3.) PW1 (Ashique), a neighbour, immediately rushed to the Police Station and lodged Ext.P1 First Information Statement, based on which the crime was registered. PW23, the Circle Inspector of Police took over the investigation on 5/9/2014. He visited the crime scene and prepared Ext.P2 inquest report. In the course of the investigation, he seized MO1 (chopper), MO7 (Lungi) worn by the deceased and MO6 (bedsheet). A Scientific Expert was summoned to obtain trace evidence, if any. On 6/9/2014, the accused was arrested and Ext. P16 report was submitted to the Court, detailing his name and address. The investigation was later taken over by PW24, Inspector of Police, Tanur, who examined additional witnesses. After completing the investigation, the final report was laid before the jurisdictional Magistrate.