YOHANNAN YESUDASAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant was charge sheeted for an offence punishable under S.302 of the Indian Penal Code in having murdered his wife Chinna at about 5.30 p.m. on 12-11-1982 in the public road near Vattakkavu junction within the limits of Pathanapuram Police Station. For that offence he was tried by the Sessions Judge, Quilon in S.C.No.43/83. The Sessions Judge found him guilty, convicted him and sentenced him to suffer imprisonment for life. He has come up in appeal from jail. A State Brief Counsel was appointed to conduct the appeal on his behalf. We heard the counsel and the Public Prosecutor.

(2.) The appellant married deceased Chinna about 27 years prior to the incident. Six children were born out of the wedlock. On account of some difference of opinion deceased Chinna went and Jived with her brother, PW.6, 25 days prior to the incident. All efforts made by the appellant to get her back proved futile on account of the adamant stand taken by the deceased.

(3.) On 12-11-1982 the deceased was going along with PW.1, a co-worker, for manual labour. At that time at about 8 a.m. the appellant saw them on the way. He told the deceased that one of the children is seriously ill and therefore she will have to come home. Not only Chinna rejected the offer, but she also gave a defiant answer that if the child is not doing well, it is the duty of the father and the other children to take care of the child. So saying, she proceeded along with PW.1. The appellant warned that if this is her attitude he will not allow her to go on like this. In the evening at about 5.30 PW.1 and the deceased were returning after the day's work. On the way in the public road at the scene of occurrence the appellant asked her what she said in the morning and caught hold of the tuft of her hair. With M.O.1 chopper in hand, he inflicted 3 or 4 cut injuries on her. The deceased tried to wriggle out from the grip of the appellant. In that action accidentally M.O.1 chopper itself caused some injury on the forehead of the appellant. As a result of the injuries sustained on the spot, Chinna fell down and had an instantaneous death. At about 8 p.m. Pw.1 went to the Pathanapuram Police Station and gave Ext. P1 first information statement before Pw.13, Sub Inspector. After some time at about 8.45 p.m. the appellant also appeared before the same police station with M.O.1 chopper in hand and alleged that he was attacked by the deceased. His statement was recorded and a case was registered. He was sent for treatment. This in short is the prosecution version of the incident.