APPUKUTTAN Vs. STATE OF KERALA

JUDGEMENT

(1.) First accused in Sessions Case No. 55 of 1981 before the Sessions Judge, Palghat is the appellant. There were three accused in that case. Accused 2 and 3 were the tWO sisters of the appellant. They were charge-sheeted for offences punishable under sections 302, (5) 6(u) and 341 read with section 34 of the Indian Penal Code. The charge against the appellant was far offences punishable under sections 302 and 506(u) of the Indian Penal Code. His two sisters were charge-sheeted for the offence under section 341 and they were also charge-sheeted for the offence under section 302 with the aid of section 34. Accused 2 and 3 were found not guilty and acquitted. Appellant was also acquitted of the charge under section 506(u) of the Indian Penal Code. But he was convicted under section 304 Part I, of the Indian Penal Code and sentenced to undergo rigorous imprisonment for Seven years.

(2.) The state has not filed an appeal and hence the only question for consideration in appeal is whether the evidence warrants conviction under section 304 as per first exception to section 300 of the Indian Penal Code and if so any modification is called for in the sentence.

(3.) Accused 2 is unmarried and accused 3, though married was deserted by her husband. She has a daughter. Accused 1 to 3, their mother and the daughter of Accused 3 were together residing in a building adjacent to the residence of deceased Chami. Chami was residing with his family including his two sons who were examined as P.Ws. 1 and 2. The wife and children of the appellant were not with him since his wife with children, has gone for delivery to her house which is about 25 miles away. Appellant is employed in a local cooperative society, his work being taking cash to the treasury. In the absence of his wife he used to go to her house every Saturday evening to come back by Monday morning. Deceased Chami was having some illicit connection with accused 3 and he used to frequent her in the absence of the appellant. Accused 3 also used to go for the agricultural labour of deceased Chami. Accused is the bread winner of the house and head of the family.