VARGHESE Vs. STATE

JUDGEMENT

(1.) ACCORDING to the prosecution, the deceased Ammini was married by Ninan John, the 3rd accused in the case. Ammini was residing in Karikunnil veedu, the house of the 3rd accused, at Karinthottuva Muri, Sasthankotta Village . She delivered a second child by name Kochumol. It is the prosecution case that the child was conceived at a time when the 3rd accused was in Bombay . When the 3rd accused returned from Bombay he quarrelled with ammini regarding the second child. There was a mediation about the matter which was attended by P. W. 3 Mathew Kunjukutty, the brother of Ammini and P. W. 5 yohannan Kunjukutty a paternal uncle of Ammini. As a result of this mediation, ammini continued to stay in the house and the 3rd accused went back to Bombay . Some time in 1982 he returned from Bombay . They again started quarrelling with each other about the second child. Another mediation followed and a suggestion emerged that Ammini should entrust the second child to an orphanage and she must reside with her parents for some time. This was not agreeable to Ammini who said that she did not want to go away from her husband's house. On the afternoon of 26-8-1982, the 3rd accused told Ammini that he would teach her a lesson and went out in an angry mood. Thereafter at about 5 p. m. on that day, accused 1 and 2 who are brother and brother-in-law respectively of the 3rd accused came to Karikunnil Veedu. Ammini was feeding the second child at that time. The 2nd accused fisted Ammini on her face and head three or four times and kicked on her abdomen. When she tried to run away, she was dragged to the room by the 2nd accused. He forced her to lie down on a cot and pressed her neck. At that time the 1st accused poured "paramar" into her mouth and made her consume it. One Yohannan, a neighbour and relative of the 3rd accused came to the house and found the deceased in a state of unconsciousness. He and some others removed Ammini to the Government Hospital, Adoor. She was attended on by P. W. 4, the doctor. It appears that Yohannan told P. W. 4 that the deceased had consumed poison. Yohannan had sent a messenger to P. W. 3 and P. W. 5 and on knowing that Ammini was not well, P. W. 3 and P. W. 5 rushed to the house of Yohannan and came to know that Ammini was taken to the Government Hospital, Adoor. Thereupon P. Ws. 3 and 5 proceeded to the Government Hospital, Adoor, in a taxi car.

(2.) THEY found Ammini was lying in a state of unconsciousness. After some time she regained consciousness. On their questioning Ammini told them that the 3rd accused left the house in the afternoon saying that he would teach her a lesson and after some time the accused 1 and 2 came to their house. Making some comments on the paternity of the second child and the disgrace that she brought to the family, the second accused fisted on her face and forehead three or four times and when she made an attempt to run away the second accused dragged her to the room, made her lie on a cot and caught bold of her neck and thereupon the first accused forcibly poured poison in her mouth. When P. W. 4, the Doctor came after she became conscious she told him that she was forcibly fed poison by her husband's brother and brother-in-law. P. w. 4 gave intimation to P. W. 11 the Sub Inspector of Police, Adoor, that a lady named Ammini was admitted in the Hospital with alleged forcible poisoning. Thereupon P. W. 11 went to the Hospital and took a statement from her in which she narrated how the incident had taken place: Ext. P10 is the dying declaration recorded by him in the form of First Information Statement and on its basis, Ext. P12 F. I. R. was prepared and Crime No. 229/1982 on the file of the Adoor Police Station was registered by him for offence under S. 109, 450, 323,107 and 34 I. P. C. He also prepared Ext. P11 body-note. He also took into custody the clothes worn by ammini which was produced by P. W. 11, as per Ext. P1. Since the incident took place within the jurisdiction of Sooranad Police Station the case was transferred to that Station on 27-8-1982. Upon receipt of the C. D. File P. W. 12, the Head Constable of Sooranad Police Station prepared Ext. P13 F. I. R. and registered Crime No. 118/1982. Ammini died on 27-8-1982 at about 11. 50 P. M. P. W. 7 the Doctor of Adoor Government Hospital, gave Ext. P6 intimation to the sub Inspector of Police, Adoor, about her death. On receipt of this information, P. W. 13 the Head Constable, Sooranad Police Station prepared Ext. P15, report deleting S. 307 I. P. C. and including S. 302 I. P. C. in Crime No. 118/1982.

(3.) ON the defence side Exts. D1 to D6 and Exts. X-I to x-VII were produced and marked and D. Ws. 1 and 2 were examined. D1 to D4 are portions of the statements of P. Ws. 3 and 5 under S. 161 of the Cr. P. C, and ext. X-I to X-VII are documents which contained alleged signatures of Ammini.